Children's Services Regulations 2009

i Children's Services Regulations 2009 S.R. No. 53/2009 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 1 Objective 1 2 Authorising provision 1 3 Commencement 1 4 Revocation 2 5 Definitions 2 PART 2—LICENSING OF CHILDREN'S SERVICES 11 Division 1—Applications for approval of premises 11 6 Application for approval of premises 11 Division 2—Types of licences 11 7 Types of licences 11 Division 3—Applications for licences 12 8 Application for licence 12 Division 4—Prescribed conditions on licences 13 9 Prescribed conditions 13 10 Condition limiting number of school children cared for 13 11 Conditions applying to licences to operate limited hours services 13 12 Conditions applying to licences to operate short term services 14 13 Conditions applying to licences to operate outside school hours care services 14 14 Conditions applying to licences to operate family day care services 14 Division 5—Applications for approval of nominees and venues 15 15 Approval of new nominees 15 16 Approval of new family day care venues 15 -- 1 of 183 -- Regulation Page ii Division 6—Applications for renewals and variations of licences 16 17 Renewal of licence to operate a children's service other than a family day care service 16 18 Renewal of licence to operate family day care service 16 19 Renewal of licence—late application fee 17 20 Variation or removal of licence condition 17 21 Variation of period of licence 18 Division 7—Suspension and cancellation of licences 19 22 Application for voluntary suspension of licence 19 23 Cancellation of licence at request of licensee 19 Division 8—Information not prescribed for certain classes of applications 20 24 Information not prescribed for certain classes of applications 20 Division 9—Registers 20 25 Register of licensed children's services 20 26 Fee for copies and extracts 21 27 Register of family day carers 21 PART 3—RECORDS 22 Division 1—Enrolment and other documents 22 28 Enrolment and other documents 22 Division 2—Attendance records 23 29 Attendance record kept by proprietor of a children's service 23 30 Attendance record kept by family day carer 24 Division 3—Child enrolment records 24 31 Child enrolment records—general 24 32 Child enrolment records—family day carers 26 33 Authorisations to be kept in child enrolment record 27 34 Health information to be kept in child enrolment record 28 35 Confidentiality of child enrolment records 28 Division 4—Medication records and accident, injury, trauma and illness records 30 36 Matters to be recorded in medication record 30 37 Matters to be recorded in accident, injury, trauma and illness record 31 Division 5—Staff records and record of family day carers 33 38 Matters to be recorded in staff record 33 39 Matters to be recorded in a record of family day carers 34 -- 2 of 183 -- Regulation Page iii PART 4—PROVISION AND DISPLAY OF INFORMATION 37 Division 1—Children's services other than family day care services 37 40 Information to be displayed at children's service other than family day care service 37 41 Information to be made available at children's service other than family day care service 38 42 Notice of changes to information 39 43 Information to be available—anaphylaxis management policy 39 44 Information to be available—accident, injury, trauma and illness record 39 Division 2—Family day care services 40 45 Information to be displayed at principal office of family day care service 40 46 Information to be available—family day carer's residence or family day care venue 40 47 Proprietor of family day care to ensure notification of changes to information 41 48 Information to be available—anaphylaxis management policy 42 49 Information to be available—accident, injury, trauma and illness record 42 PART 5—STAFFING 43 Division 1—Minimum staff requirements 43 50 Minimum staff requirements 43 51 Minimum staff requirements—certain outside school hours care services 43 52 Minimum hours of teaching staff 44 Division 2—Child/staff ratios 44 53 Child/staff ratios—standard services 44 54 Child/staff ratios—outside school hours care services 45 55 Child/staff ratios—limited hours services 45 56 Child/staff ratios—short term services 46 57 Qualified staff members 47 58 Proportion of volunteers counted in child/staff ratio 47 59 Alternative process for determining certain child/staff ratios 48 Division 3—Qualifications and training 48 60 Minimum training 48 61 Minimum training for family day carers 49 62 Secretary may declare qualifications or training 50 63 Staff members to have first aid and anaphylaxis management training 50 -- 3 of 183 -- Regulation Page iv 64 Family day carers to have first aid and anaphylaxis management training 51 65 Adrenaline auto-injection device and CPR training 52 66 Secretary may approve first aid and anaphylaxis management training 53 67 Anaphylaxis training where child diagnosed as at risk 53 68 Health of staff members and family day carers 54 69 Criminal history notifications 55 70 Assessment notices 56 PART 6—HEALTH AND WELFARE OF CHILDREN 58 Division 1—Access to and removal of children from the premises 58 71 Access to the premises 58 72 Collection of children 58 73 Authorisation for removal of child by staff member or family day carer 59 74 Additional requirements where child removed by staff member or family day carer 61 75 Removal of child in emergency 62 Division 2—Safety 62 76 Emergency procedures 62 77 Communication equipment 63 Division 3—Personal hygiene, food and beverage requirements and smoke-free environment 63 78 Personal hygiene needs of children 63 79 Water to be available 64 80 Food and beverage requirements 64 81 Food provided by the children's service or family day carer 65 82 Smoke-free environment 66 Division 4—Administration of medication 66 83 Authorisation to administer medication 66 Division 5—First aid and illness 68 84 First aid kit—children's service other than family day care 68 85 First aid kit—family day care service 68 86 Provision of first aid 69 87 Anaphylaxis management policy 70 88 Sick or injured child 70 89 Notification of infectious disease 71 Division 6—Serious incidents 72 90 Secretary to be notified of a serious incident 72 91 Parents to be notified of a serious incident 72 -- 4 of 183 -- Regulation Page v PART 7—EQUIPMENT AND FACILITIES 73 Division 1—Application of Part 73 92 Provisions which do not apply to particular services 73 Division 2—Equipment 73 93 Equipment 73 Division 3—Rooms and space 73 94 Application of Division 73 95 Children's rooms 74 96 Area of children's rooms 74 97 Outdoor space 75 98 Outdoor space—outside school hours care services 75 99 Fencing 76 100 Administration room 76 Division 4—Toileting, rest and food preparation facilities 77 101 Toilet and washing facilities 77 102 Nappy changing facilities 77 103 Sleep and rest facilities 77 104 Food preparation facilities 78 PART 8—GENERAL 79 105 Complaints 79 106 Act and Regulations to be available 79 PART 9—TRANSITIONAL AND SAVING PROVISIONS 80 Division 1—Interpretation 80 107 Definitions 80 Division 2—Provisional licences 81 108 Provisional licences 81 Division 3—Existing applicants 81 109 Transitional provision with respect to pending applications for approvals in principle 81 110 Transitional provisions for applicants for a licence to operate a children's service—general 82 111 Transitional provisions for applicants for a licence to operate a restricted children's service 82 -- 5 of 183 -- Regulation Page vi Division 4—Existing licensed children's services 83 112 Savings provision for fit and proper persons for existing licensed children's services 83 113 Savings provision for nominees for existing licensed children's services 83 114 Transitional provision with respect to existing licensed children's services—standard services 84 115 Transitional provisions for existing licensed children's services—restricted hours services 85 116 Transitional provisions to merge licences into an integrated licence 86 Division 5—Training and staffing 87 117 Transitional provision with respect to teaching staff members 87 118 Transitional provisions with respect to minimum training 87 119 Transitional provision with respect to minimum training— outside school hours care services 88 120 Transitional provision with respect to minimum training— family day care services 89 121 Transitional provisions with respect to child/staff ratios 89 122 Transitional provisions for first aid training 90 123 Transitional provision for minimum ages of staff members 91 Division 6—Miscellaneous 91 124 Saving provision for outside school hours care service 91 125 Secretary may approve professional development courses 91 __________________ SCHEDULES 92 SCHEDULE 1—Prescribed Information 92 PART 1—INTERPRETATION 92 1 Definitions 92 2 Charges and convictions declaration 94 3 Control declaration 95 4 Identity statement 95 5 Referee statement 96 6 Proposed accepted nominee declaration 97 PART 2—APPLICATION FOR APPROVAL OF PREMISES 98 Division 1—Applications for use of particular premises or to construct premises 98 7 Standard children's services 98 8 Outside school hours care services 100 -- 6 of 183 -- Regulation Page vii 9 Additional information for outside school hours care services at locations other than registered schools 101 10 Additional information for outside school hours care services in registered schools 103 11 Limited hours services 104 12 Short term services 106 13 Integrated services 109 Division 2—Applications for approval of alterations or extensions to premises 109 14 Children's services other than family day care services 109 PART 3—APPLICATION FOR LICENCE TO OPERATE A CHILDREN'S SERVICE 113 15 Children's services other than integrated services or family day care services 113 16 Integrated services 116 17 Family day care services 119 PART 4—APPLICATIONS FOR APPROVAL OF NEW NOMINEES 124 18 Applications for approval of new nominees 124 PART 5—APPLICATIONS FOR APPROVAL OF NEW FAMILY DAY CARE VENUES 126 19 Applications for approval of new family day care venues 126 PART 6—APPLICATIONS FOR RENEWAL OF LICENCES 128 Division 1—Licences other than licences to operate family day care services 128 20 Renewal of licences other than for family day care service 128 Division 2—Licences to operate family day care services 132 21 Renewal of licences to operate family day care service 132 PART 7—APPLICATIONS FOR VARIATION OF LICENCES 138 Division 1—Application to vary or revoke a condition or impose a new condition on a licence 138 22 Application to vary or revoke a condition or impose a new condition on a licence 138 Division 2—Application to vary period of licence 139 23 Application to vary period of licence 139 -- 7 of 183 -- Regulation Page viii PART 8—APPLICATION FOR A VOLUNTARY SUSPENSION OF LICENCE 144 24 Application for a voluntary suspension of licence 144 PART 9—REQUEST TO CANCEL LICENCE 146 25 Request by licensee to cancel licence 146 PART 10—REGISTER OF FAMILY DAY CARERS 147 Division 1—Register of family day carers 147 26 Register of family day carers 147 Division 2—Notification of new family day carer 147 27 Notification of new family day carer 147 PART 11—DETERMINATION OF FIT AND PROPER PERSON 149 28 Information and documents relating to the applicant 149 29 Information and documents relating to body corporate applicant 149 30 Information and documents relating to directors and officers of a body corporate applicant 150 31 Information and documents relating to nominees 151 SCHEDULE 2—Prescribed Fees 152 PART 1—FEES FOR APPLICATIONS FOR APPROVAL OF PREMISES 152 1 Fees for applications for approval of premises proposed to be used or constructed for use in operating a children's service, other than a family day care service 152 2 Fees for applications for approval of alterations or extensions to premises other than premises used or proposed to be used for the operation of a family day care service 153 PART 2—FEES FOR APPLICATION FOR LICENCE TO OPERATE A CHILDREN'S SERVICE 155 3 Fees for applications for licence to operate a children's service, other than a family day care service 155 4 Fees for applications for licence to operate a family day care service 157 -- 8 of 183 -- Regulation Page ix PART 3—FEES FOR APPLICATIONS FOR RENEWAL OF LICENCES 158 5 Fees for applications for renewal of licence to operate a children's service 158 6 Fees for late application for renewal of licence to operate children's service 160 PART 4—FEES FOR APPLICATIONS FOR VARIATION OF LICENCES 162 7 Fees for applications to vary or revoke a condition or restriction or to impose a condition or restriction on a licence 162 8 Fees for application to vary period of a licence 163 SCHEDULE 3—Anaphylaxis Management Policy 166 1 Prescribed matters 166 2 Anaphylaxis medical management plan 167 3 Risk minimisation plan 167 4 Communication plan 169 SCHEDULE 4—Application for Provisional Licence 170 1 Application for provisional licence to operate a family day care service 170 2 Application for provisional licence to operate an outside school hours care service 171 ═══════════════ ENDNOTES 173 -- 9 of 183 -- 1 STATUTORY RULES 2009 S.R. No. 53/2009 Children's Services Act 1996 Children's Services Regulations 2009 The Governor in Council makes the following Regulations: Dated: 19 May 2009 Responsible Minister: MAXINE MORAND Minister for Children and Early Childhood Development RYAN HEATH Clerk of the Executive Council PART 1—PRELIMINARY 1 Objective The objective of these Regulations is to regulate the licensing and operation of children's services. 2 Authorising provision These Regulations are made under section 56 of, and clause 3 of the Schedule to, the Children's Services Act 1996. 3 Commencement These Regulations come into operation on 25 May 2009. -- 10 of 183 -- Part 1—Preliminary Children's Services Regulations 2009 S.R. No. 53/2009 2 4 Revocation The following Regulations are revoked— (a) the Children's Services Regulations 1998 1 ; (b) the Children's Services (Fees) Regulations 2002 2 ; (c) the Children's Services (Amendment) Regulations 2004 3 ; (d) the Children's Services (Fees) Regulations 2005 4 ; (e) the Children's Services Further Amendment Regulations 2008 5 . 5 Definitions (1) In these Regulations— adrenaline auto-injection device means an intramuscular injection device for the automatic administration of adrenaline; anaphylaxis management policy means the anaphylaxis management policy the children's service has in place under section 26A of the Act; anaphylaxis medical management plan means the individual anaphylaxis medical management plan for a child diagnosed as at risk of anaphylaxis that has been developed in accordance with clause 2 of Schedule 3; anaphylaxis medication means medication prescribed by a registered medical practitioner in respect of anaphylaxis; assessment notice has the same meaning as in the Working with Children Act 2005; r. 4 -- 11 of 183 -- Part 1—Preliminary Children's Services Regulations 2009 S.R. No. 53/2009 3 building practitioner means— (a) a building surveyor, building inspector, engineer or draftsperson registered as a building practitioner under the Building Act 1993; or (b) an architect registered under the Architects Act 1991; or (c) a licensed surveyor within the meaning of the Surveying Act 2004; building surveyor's statement means a statement issued on or after 1 August 1997 by a building surveyor registered under Part 11 of the Building Act 1993 that states whether the plans and specifications of premises to be used to operate a children's service comply with the provisions of the building regulations under that Act that apply specifically to children's services; Certificate III in Children's Services means a Certificate III in Children's Services that— (a) is awarded by an RTO within the meaning of Part 4.1 of the Education and Training Reform Act 2006; and (b) is approved by the Secretary under subregulation (3); child health record means a record that documents a child's health and development assessments and immunisations for use by parents or guardians of the child and the maternal and child health service; children's room, in relation to a children's service, means a room used exclusively for the care or education of children while the children are attending the service, but does not r. 5 -- 12 of 183 -- Part 1—Preliminary Children's Services Regulations 2009 S.R. No. 53/2009 4 include a toilet, a kitchen, an administration room or any other ancillary area; criminal history notification means a notification of any criminal history of a person within Australia issued by or on behalf of a duly authorised officer of the police force of Victoria, the Commonwealth or of another State or a Territory; diagnosed as at risk of anaphylaxis, in relation to a child, means a child who has been diagnosed by a registered medical practitioner as at risk of anaphylaxis; early childhood intervention staff member of a children's service means a person appointed or engaged (whether by the children's service or the Department) specifically to provide care and intervention for a child attending the service who has additional needs; employee means any person employed at a children's service, including a staff member; integrated service means a children's service that consists of 2 or more types of children's service (other than a short term service or a family day care service) provided at one premises by one licensee; lawful authority means a power, duty, responsibility or authority conferred in relation to a child at common law or under an Act (including an Act of the Commonwealth) or by an order of a court; limited hours service means— (a) a limited hours Type 1 service; or (b) a limited hours Type 2 service; r. 5 -- 13 of 183 -- Part 1—Preliminary Children's Services Regulations 2009 S.R. No. 53/2009 5 limited hours Type 1 service means a children's service that is established to care for or educate each child for not more than 2 hours a day and not more than a total of 6 hours a week; Example A children's service operating at a sport or leisure facility or a shopping centre. limited hours Type 2 service means a children's service that is established to care for or educate each child for not more than 5 hours a day and not more than a total of 15 hours a week; Example A children's service operating at a Neighbourhood House. outdoor space means space that is outside a building and that provides access to sunlight and fresh air, and includes that space even if it is— (a) enclosed by barriers or fencing (for example to provide security); (b) a deck, terrace, patio, pergola, verandah or courtyard; outside school hours care service means— (a) an outside school hours Type 1 service; or (b) an outside school hours Type 2 service; r. 5 -- 14 of 183 -- Part 1—Preliminary Children's Services Regulations 2009 S.R. No. 53/2009 6 outside school hours care Type 1 service means a children's service that is established to care for or educate school children outside school hours on school days, or on pupil-free days; Example A children's service providing before and after school care for school children. outside school hours care Type 2 service means a children's service that is established to care for or educate school children on non-school days or pupil-free days; Example A children's service providing vacation care for school children. qualified staff member means a staff member who— (a) is a teaching staff member; or (b) has successfully completed one of the following qualifications that has been approved by the Secretary under subregulation (2)(a)— (i) a 2 year full-time, or part-time equivalent, post-secondary early childhood qualification; or (ii) in the case of an outside school hours care service, a 2 year full- time, or part-time equivalent, post- secondary childcare or youth recreation qualification; or (c) holds a qualification the Secretary is satisfied is substantially equivalent or superior to a qualification referred to in paragraph (b); or r. 5 -- 15 of 183 -- Part 1—Preliminary Children's Services Regulations 2009 S.R. No. 53/2009 7 (d) in the case of an outside school hours care service, holds a primary school teaching qualification; representative, of a licensee, means a person appointed under the Act to represent the licensee; school child means a child who— (a) is enrolled at a school; and (b) is attending a school or, if the school year has not yet commenced, will attend a school from the beginning of the school year, at preparatory level or above; and (c) will be at least 5 years of age by 30 April in the year that he or she attends or will attend school; short term service means— (a) a short term Type 1 service; or (b) a short term Type 2 service; short term Type 1 service means a children's service that is established to care for or educate children for not more than 120 days in a 12 month period; Example A children's service operating at a resort providing holiday care or education for children. short term Type 2 service means a children's service that is established to care for or educate children for not more than 72 hours in a 3 month period; Example A children's service operating at a convention or a seminar. r. 5 -- 16 of 183 -- Part 1—Preliminary Children's Services Regulations 2009 S.R. No. 53/2009 8 staff member, in relation to a children's service, means a person— (a) who is aged 18 years or more; and (b) who is employed or has been appointed or engaged to be responsible for the care or education of children at the children's service— but does not include a volunteer, a family day carer or a visiting early childhood intervention staff member; standard service means a children's service that is not one of the following services— (a) a limited hours service; (b) an outside school hours care service; (c) a short term service; (d) a family day care service; Example A long-day care centre or kindergarten providing care or education for children. teaching staff member means a staff member who— (a) holds an early childhood teaching qualification at degree level or above that has been approved by the Secretary under subregulation (2)(b); or (b) holds a qualification the Secretary is satisfied is substantially equivalent or superior to a qualification referred to in paragraph (a); the Act means the Children's Services Act 1996; r. 5 -- 17 of 183 -- Part 1—Preliminary Children's Services Regulations 2009 S.R. No. 53/2009 9 visiting early childhood intervention staff member means an early childhood intervention staff member who is designated by the children's service under subregulation (4) as a visiting early childhood intervention staff member; volunteer, in relation to a children's service, means a person who cares for or educates children at the children's service in a voluntary or honorary capacity, and includes a student or a person who is on a work experience program; volunteer assessment notice means an assessment notice that states that the notice cannot be used in respect of child-related work engaged in for profit or gain. (2) The Secretary may by notice in the Government Gazette— (a) approve a qualification for the purposes of paragraph (b) of the definition of qualified staff member; (b) approve a qualification for the purposes of paragraph (a) of the definition of teaching staff member. (3) The Secretary may by notice in the Government Gazette approve a Certificate III in Children's Services for the purposes of paragraph (b) of the definition of Certificate III in Children's Services. (4) The proprietor of a children's service may designate an early childhood intervention staff member as a visiting early childhood intervention staff member for the purposes of these regulations. r. 5 -- 18 of 183 -- Part 1—Preliminary Children's Services Regulations 2009 S.R. No. 53/2009 10 (5) In these Regulations a reference to a child being cared for or educated by a family day carer is a reference to a child being cared for or educated by a family day carer on behalf of a family day care service. __________________ r. 5 -- 19 of 183 -- Part 2—Licensing of Children's Services Children's Services Regulations 2009 S.R. No. 53/2009 11 PART 2—LICENSING OF CHILDREN'S SERVICES Division 1—Applications for approval of premises 6 Application for approval of premises (1) For the purposes of section 9(2)(b) of the Act, the relevant prescribed information is the relevant information set out in Part 2 of Schedule 1 relating to the type of children's service for which the premises are, or are to be, used. (2) For the purposes of section 9(2)(c) of the Act, the relevant prescribed fee is the fee set out in Part 1 of Schedule 2 that is relevant to— (a) the type of children's service that is to be operated at the premises; and (b) the number of places that the children's service is to offer; and (c) the type of application for approval made under section 9(1) of the Act. Division 2—Types of licences 7 Types of licences For the purposes of section 17 of the Act, the following types of licence are prescribed— (a) a licence to operate a standard service; (b) a licence to operate an outside school hours care Type 1 service; (c) a licence to operate an outside school hours care Type 2 service; (d) a licence to operate a limited hours Type 1 service; r. 6 -- 20 of 183 -- Part 2—Licensing of Children's Services Children's Services Regulations 2009 S.R. No. 53/2009 12 (e) a licence to operate a limited hours Type 2 service; (f) a licence to operate a short term Type 1 service; (g) a licence to operate a short term Type 2 service; (h) a licence to operate an integrated service. Note A licence to operate a family day care service is prescribed by the Act as a type of licence. Division 3—Applications for licences 8 Application for licence (1) For the purposes of section 18(a) of the Act, the relevant prescribed information is the information set out in Part 3 of Schedule 1 that is relevant to the type of licence specified in the application. (2) For the purposes of section 18(b)(i) of the Act, the relevant prescribed fee is the fee set out in Part 2 of Schedule 2 that is relevant to— (a) the type of licence specified in the application; and (b) either— (i) the number of places offered by the children's service; or (ii) in the case of a family day care service, the number of family day carers engaged by the service; and (c) the term of licence sought. (3) For the purposes of section 18(b)(viii) of the Act, the application must be accompanied by the documents set out in Part 3 of Schedule 1. r. 8 -- 21 of 183 -- Part 2—Licensing of Children's Services Children's Services Regulations 2009 S.R. No. 53/2009 13 Division 4—Prescribed conditions on licences 9 Prescribed conditions This Division prescribes conditions to which a licence is subject for the purposes of section 25E(4) of the Act. 10 Condition limiting number of school children cared for (1) The number of school children cared for or educated by a children's service must not exceed 30 per cent of the total number of places for children at the children's service. (2) This condition does not apply to— (a) a licence to operate an outside school hours care service; or (b) a licence to operate a family day care service; or (c) a component of an integrated licence that consists of an outside school hours care service. 11 Conditions applying to licences to operate limited hours services (1) A limited hours Type 1 service must not care for or educate any child for more than 2 hours a day and not more than a total of 6 hours a week. (2) A limited hours Type 2 service must not care for or educate any child for more than 5 hours a day and not more than a total of 15 hours a week. r. 9 -- 22 of 183 -- Part 2—Licensing of Children's Services Children's Services Regulations 2009 S.R. No. 53/2009 14 12 Conditions applying to licences to operate short term services (1) A short term Type 1 service must not care for or educate children for more than 120 days in a 12 month period. (2) A short term Type 2 service must not care for or educate children for more than 72 hours over a 3 month period. 13 Conditions applying to licences to operate outside school hours care services (1) All the children cared for or educated by an outside school hours care service must be school children. (2) An outside school hours care Type 1 service may care for or educate children only on school days or pupil-free days. (3) An outside school hours care Type 2 service may care for or educate children only on non-school days or pupil-free days. 14 Conditions applying to licences to operate family day care services (1) Each family day carer engaged by a family day care service to provide care or education for children must be 18 years of age or older. (2) A family day carer must not provide care or education for children as a family day carer at a residence other than the carer's primary residence. (3) A family day carer who provides care or education for children as a family day carer at the carer's residence must ensure that the children have regular access to the living areas of the carer's residence. r. 12 -- 23 of 183 -- Part 2—Licensing of Children's Services Children's Services Regulations 2009 S.R. No. 53/2009 15 (4) A family day care service must ensure that staff responsible for providing training and advice to family day carers and supervising and monitoring family day carers are qualified staff members. (5) At any one time, only one family day carer may provide care or education for children as a family day carer from any one residence or at any one family day care venue. Example In the case of 2 family day carers residing at, and providing care and education to children at, the same residence, the 2 carers cannot care for and educate the children at the same time. If one family day carer becomes ill and the other family day carer provides care or education to the children in his or her place, the 2 carers would not be caring for and educating children at the same time. Division 5—Applications for approval of nominees and venues 15 Approval of new nominees For the purposes of section 25M of the Act— (a) the relevant prescribed information for an application under section 25K of the Act is the information set out in Part 4 of Schedule 1; and (b) the relevant prescribed fee for that application is 3 fee units. 16 Approval of new family day care venues For the purposes of section 25M of the Act— (a) the relevant prescribed information for an application under section 25L of the Act is the information set out in Part 5 of Schedule 1; and r. 15 -- 24 of 183 -- Part 2—Licensing of Children's Services Children's Services Regulations 2009 S.R. No. 53/2009 16 (b) the relevant prescribed fee for that application is 5 fee units. Division 6—Applications for renewals and variations of licences 17 Renewal of licence to operate a children's service other than a family day care service (1) For the purposes of section 25N(2)(a) of the Act, the relevant prescribed information for an application to renew a licence to operate a children's service, other than a family day care service, is the information set out in Division 1 of Part 6 of Schedule 1. (2) For the purposes of section 25N(2)(b) of the Act, the relevant prescribed renewal fee for an application to which subregulation (1) applies is the fee set out in Part 3 of Schedule 2 that is relevant to— (a) the type of licence specified in the application; and (b) the number of places offered by the children's service; and (c) the term of licence renewal sought. 18 Renewal of licence to operate family day care service (1) For the purposes of section 25N(2)(a) of the Act, the relevant prescribed information for an application to renew a licence to operate a family day care service is the information set out in Division 2 of Part 6 of Schedule 1. (2) For the purposes of section 25N(2)(b) of the Act, the relevant prescribed renewal fee for an application to which subregulation (1) applies is the fee set out in Part 3 of Schedule 2 that is relevant to— r. 17 -- 25 of 183 -- Part 2—Licensing of Children's Services Children's Services Regulations 2009 S.R. No. 53/2009 17 (a) the family day care service; and (b) the number of family day carers engaged by the family day care service; and (c) the term of licence renewal sought. 19 Renewal of licence—late application fee For the purposes of section 25N(4) of the Act, the prescribed late application fee is the relevant fee set out in Part 3 of Schedule 2 that is relevant to— (a) the type of licence specified in the application; and (b) either— (i) the number of places offered by the service; or (ii) in the case of a family day care service, the number of family day carers engaged by the service; and (c) the term of licence renewal sought. 20 Variation or removal of licence condition (1) This regulation applies to an application under section 25P(3)(b) of the Act— (a) to vary or revoke a condition or restriction on a licence; or (b) to impose a new condition or restriction on a licence. (2) For the purposes of section 25P(4)(a) of the Act, the relevant prescribed information is the information set out in Division 1 of Part 7 of Schedule 1. r. 19 -- 26 of 183 -- Part 2—Licensing of Children's Services Children's Services Regulations 2009 S.R. No. 53/2009 18 (3) For the purposes of section 25P(4)(b) of the Act, the relevant prescribed fee is the fee set out in Part 4 of Schedule 2 that is relevant to— (a) the type of licence specified in the application; and (b) either— (i) the number of places offered by the children's service; or (ii) in the case of a family day care service, the number of family day carers engaged by the service. 21 Variation of period of licence (1) For the purposes of section 25P(4)(a) of the Act, the relevant prescribed information for an application to vary the period of a licence is the information set out in Division 2 of Part 7 of Schedule 1. (2) For the purposes of section 25P(4)(b) of the Act, the relevant prescribed fee for an application referred to in subregulation (1) is the fee set out in Part 4 of Schedule 2 that is relevant to— (a) the type of licence specified in the application; and (b) either— (i) the number of places offered by the children's service; or (ii) in the case of a family day care service, the number of family day carers approved by the service; and (c) the licence period sought. r. 21 -- 27 of 183 -- Part 2—Licensing of Children's Services Children's Services Regulations 2009 S.R. No. 53/2009 19 Division 7—Suspension and cancellation of licences 22 Application for voluntary suspension of licence (1) For the purposes of section 25S(2) of the Act, the relevant prescribed information is the information set out in Part 8 of Schedule 1. (2) For the purposes of section 25S(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 licence has not previously been suspended during the current term; (c) the proposed period of suspension is no longer than 12 months. (3) The prescribed fee for an application for voluntary suspension of a licence is— (a) if the premises at which the service operates will be undergoing building works or renovation during the proposed period of suspension, 5 fee units; or (b) in any other case, nil. 23 Cancellation of licence at request of licensee A request by the licensee under section 25T of the Act to cancel a licence must be accompanied by the information set out in Part 9 of Schedule 1. r. 22 -- 28 of 183 -- Part 2—Licensing of Children's Services Children's Services Regulations 2009 S.R. No. 53/2009 20 Division 8—Information not prescribed for certain classes of applications 24 Information not prescribed for certain classes of applications (1) This regulation applies to the following classes of application— (a) applications for approval of premises or alteration or extension of premises; (b) applications for licences; (c) applications to renew licences; (d) applications to vary licences. (2) The relevant information prescribed under regulation 6, 8, 17, 18, 20 or 21 is not prescribed for an application if— (a) that information was provided to the Secretary no more than 12 months before the date on which the application was made; and (b) there has been no material change to that information since it was provided to the Secretary. Note Subregulation (2) does not limit the powers of the Secretary to request further information in accordance with the Act. Division 9—Registers 25 Register of licensed children's services For the purposes of section 53(2) of the Act, the prescribed information about a 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 r. 24 -- 29 of 183 -- Part 2—Licensing of Children's Services Children's Services Regulations 2009 S.R. No. 53/2009 21 (c) the name of the representative (if any); and (d) the number of the licence; and (e) the type of licence; and (f) the type of services provided by the licensee at the premises; and (g) the date the licence was granted and the date it expires; and (h) except in the case of a family day care service, the maximum number of children who may be cared for or educated by the service at any one time. 26 Fee 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 is 3 fee units. 27 Register of family day carers (1) For the purposes of section 53A of the Act, the prescribed information in respect of each family day carer is the information set out in Division 1 of Part 10 of Schedule 1. (2) For the purposes of section 53A of the Act, the proprietor of a family day care service must provide the Secretary with the information contained in Division 2 of Part 10 of Schedule 1 within 30 days after the day on which a new family day carer is engaged by the service. (3) The proprietor of a family day care service must notify the Secretary in writing of any change to the information referred to in subregulation (2) in respect of family day carers engaged by that service within 30 days of becoming aware of the change. __________________ r. 26 -- 30 of 183 -- Part 3—Records Children's Services Regulations 2009 S.R. No. 53/2009 22 PART 3—RECORDS Division 1—Enrolment and other documents 28 Enrolment and other documents (1) For the purposes of section 32B(1) of the Act, the relevant prescribed documents are— (a) an attendance record as set out in regulation 29; and (b) child enrolment records as set out in regulation 31; and (c) a medication record as set out in regulation 36; and (d) an accident, injury, trauma and illness record as set out in regulation 37; and (e) a staff record as set out in regulation 38; and (f) in the case of a family day care service, a record of family day carers as set out in regulation 39; and (g) a staff roster; and (h) a record of the educational or recreational programs provided by the service. (2) The proprietor of a children's service must take reasonable steps to ensure the records referred to in subregulation (1) are accurate. Penalty: 10 penalty units. (3) For the purposes of section 32B(3) of the Act, the prescribed documents are— (a) an attendance record as set out in regulation 30; and (b) child enrolment records as set out in regulation 32; and r. 28 -- 31 of 183 -- Part 3—Records Children's Services Regulations 2009 S.R. No. 53/2009 23 (c) a medication record as set out in regulation 36; and (d) an accident, injury, trauma and illness record as set out in regulation 37; and (e) a record of the educational or recreational programs provided by the family day carer. (4) A family day carer must take reasonable steps to ensure the records referred to in subregulation (3) are accurate. Penalty: 10 penalty units. Division 2—Attendance records 29 Attendance record kept by proprietor of a children's service (1) The proprietor of a children's service must ensure an attendance record is kept that records the following details for each child being cared for or educated by the children's service— (a) the full name of the child; (b) the time the child arrives and departs. Penalty: 8 penalty units. (2) The proprietor of a children's service must ensure that, at the time each child being cared for or educated by the service arrives and departs, the attendance record is signed by— (a) the person who delivers the child to the children's service, or the person who collects the child from the service; or (b) a staff member or family day carer. Penalty: 8 penalty units. r. 29 -- 32 of 183 -- Part 3—Records Children's Services Regulations 2009 S.R. No. 53/2009 24 30 Attendance record kept by family day carer (1) A family day carer must ensure an attendance record is kept that records the following details for each child being cared for or educated by the family day carer— (a) the full name of the child; (b) the time the child arrives and departs. Penalty: 8 penalty units. (2) A family day carer must ensure that, at the time each child being cared for or educated by the family day carer arrives and departs, the attendance record is signed by— (a) the person who delivers the child to the family day carer's residence or the family day care venue, or the person who collects the child from that residence or venue (as the case requires); or (b) the family day carer. Penalty: 8 penalty units. Division 3—Child enrolment records 31 Child enrolment records—general The proprietor of a children's service must ensure an enrolment record is kept that includes the following information for each child enrolled at the service— (a) the name, date of birth and address of the child; (b) the name, address and telephone number of each parent or guardian with whom the child resides; r. 30 -- 33 of 183 -- Part 3—Records Children's Services Regulations 2009 S.R. No. 53/2009 25 (c) the name, address and telephone number of any other parent or guardian of the child (if applicable); (d) the name, address and telephone number of a person who is to be notified of any accident, injury, trauma or illness involving the child; (e) details of any court orders provided to the proprietor relating to the powers, duties, responsibilities or authorities of any person in relation to the child or access to the child; (f) the name, address and telephone number of each person who has lawful authority to authorise— (i) the taking of the child outside the premises of the service by a staff member of the service; or (ii) in the case of a family day care service, the taking of the child outside the family day carer's residence or family day care venue by a family day carer; (g) the name, address and telephone number of any person who has lawful authority to— (i) consent to the medical treatment of the child; (ii) request or permit the administration of medication to the child; (iii) collect the child from the service or family day carer; (h) the language used in the child's home; (i) the relevant authorisations set out in regulation 33; r. 31 -- 34 of 183 -- Part 3—Records Children's Services Regulations 2009 S.R. No. 53/2009 26 (j) the relevant health information set out in regulation 34. Penalty: 10 penalty units. 32 Child enrolment records—family day carers A family day carer must ensure an enrolment record is kept that includes the following information for each child cared for or educated by the carer— (a) the name, date of birth and address of the child; (b) the name, address and telephone number of each parent or guardian with whom the child resides; (c) the name, address and telephone number of any other parent or guardian of the child (if applicable); (d) the name, address and telephone number of a person who is to be notified of any accident, injury, trauma or illness involving the child; (e) details of any court orders provided to the carer relating to the powers, duties, responsibilities or authorities of any person in relation to the child or access to the child; (f) the name, address and telephone number of each person who has lawful authority to authorise the taking of the child outside the family day carer's residence or family day care venue by the family day carer; (g) the name, address and telephone number of any person who has lawful authority to— (i) consent to the medical treatment of the child; (ii) request or permit the administration of medication to the child; r. 32 -- 35 of 183 -- Part 3—Records Children's Services Regulations 2009 S.R. No. 53/2009 27 (iii) collect the child from the family day carer; (h) the language used in the child's home; (i) the relevant authorisations set out in regulation 33; (j) the relevant health information set out in regulation 34. Penalty: 10 penalty units. 33 Authorisations to be kept in child enrolment record The authorisations to be kept in the enrolment record for each child enrolled at the service are— (a) an authorisation, signed by a person who has lawful authority to consent to the medical treatment of the child, for the proprietor to seek medical treatment for the child from a registered medical practitioner, hospital or ambulance service; and (b) in the case of a family day care service, an authorisation, signed by a person who has lawful authority to consent to the medical treatment of the child, for the family day carer to seek medical treatment for the child from a registered medical practitioner, hospital or ambulance service; and (c) if relevant, an authorisation signed by a person whose name has been provided under regulation 31(f) or 32(f) for the children's service or a family day carer to take the child on routine outings. r. 33 -- 36 of 183 -- Part 3—Records Children's Services Regulations 2009 S.R. No. 53/2009 28 34 Health information to be kept in child enrolment record The health information to be kept in the enrolment record for each child enrolled at the service is— (a) the name, address and telephone number of the child's registered medical practitioner or medical service; (b) details of any— (i) special needs of the child; (ii) allergies, including whether the child has been diagnosed as at risk of anaphylaxis; (iii) other relevant medical conditions; (c) any management procedure to be followed with respect to a special need, allergy or medical condition referred to in paragraph (b); (d) details of any dietary restrictions for the child; (e) the immunisation status of the child; (f) if the child is diagnosed as at risk of anaphylaxis, the current anaphylaxis medical management plan for the child; (g) if the proprietor or a staff member of the children's service or a family day carer has sighted a child health record for the child, a notation to that effect. 35 Confidentiality of child enrolment records (1) The proprietor of a children's service must ensure that information in a child's enrolment record is not divulged or communicated, directly or indirectly, to another person other than— r. 34 -- 37 of 183 -- Part 3—Records Children's Services Regulations 2009 S.R. No. 53/2009 29 (a) to the extent necessary for the care or education or medical treatment of the child; or (b) to a parent or guardian of the child or another person who has lawful authority to require the information; or (c) to the Secretary or an authorised officer; or (d) if expressly authorised, permitted or required to be given by or under any Act or law; or (e) with the written consent of the person who provided the information. Penalty: 10 penalty units. (2) A family day carer must ensure information in a child's enrolment record is not divulged or communicated, directly or indirectly, to another person other than— (a) to the extent necessary for the care or education or medical treatment of the child; or (b) to a parent or guardian of the child or another person who has lawful authority to require the information; or (c) to the Secretary or to an authorised officer; or (d) if expressly authorised, permitted or required to be given by or under any Act or law; or (e) with the written consent of the person who provided the information. Penalty: 10 penalty units. r. 35 -- 38 of 183 -- Part 3—Records Children's Services Regulations 2009 S.R. No. 53/2009 30 Division 4—Medication records and accident, injury, trauma and illness records 36 Matters to be recorded in medication record (1) The proprietor of a children's service must ensure that a medication record is kept that includes the details set out in subregulation (3) for each child to whom medication is or is to be administered by the service. Penalty: 8 penalty units. (2) A family day carer must ensure that a medication record is kept that includes the details set out in subregulation (3) for each child to whom medication is or is to be administered by the family day carer as a family day carer. Penalty: 8 penalty units. (3) The details to be recorded are— (a) the name of the child; (b) the authorisation to administer medication signed by a person whose name has been provided under regulation 31(g) or 32(g); (c) the name of the medication to be administered; (d) the time and date the medication was last administered; (e) the time and date, or the circumstances under which, the medication should be next administered; (f) the dosage of the medication to be administered; r. 36 -- 39 of 183 -- Part 3—Records Children's Services Regulations 2009 S.R. No. 53/2009 31 (g) if the medication is administered to the child— (i) the dosage that was administered; and (ii) the time and date the medication was administered; and (iii) the name and signature of the person who administered the medication; and (iv) the name and signature of the person who checked the dosage administered, if regulation 83 requires the dosage to be checked by a person other than the person who administered the medication. 37 Matters to be recorded in accident, injury, trauma and illness record (1) The proprietor of a children's service must ensure that an accident, injury, trauma and illness record is kept in accordance with this regulation. Penalty: 8 penalty units. (2) A family day carer must keep an accident, injury, trauma and illness record in accordance with this regulation. Penalty: 8 penalty units. (3) The accident, injury, trauma and illness record must include— (a) details of any accident in relation to a child or injury received by a child or trauma to which a child has been subjected while being cared for or educated by the children's service or the family day carer, including— (i) the name of the child; and (ii) the circumstances leading to the accident, injury or trauma; and r. 37 -- 40 of 183 -- Part 3—Records Children's Services Regulations 2009 S.R. No. 53/2009 32 (iii) the nature of the accident, injury or trauma; and (iv) any products or structures involved; and (v) the time and date the accident occurred, the injury was received or the child was subjected to the trauma; (b) details of any illness which becomes apparent while the child is being cared for or educated by the children's service or the family day carer including— (i) the name of the child; and (ii) any relevant circumstances surrounding the child becoming ill and any apparent symptoms; and (iii) the time and date of the apparent onset of the illness; (c) details of the action taken by the children's service or family day carer in relation to any accident, injury, trauma or illness which a child has suffered while being cared for or educated by the children's service or family day carer; (d) the name of the person who was notified of any accident, injury, trauma or illness which a child has suffered while being cared for or educated by the children's service or family day carer and the time and date of the notification; (e) the name and signature of the person making an entry in the record. (4) The information referred to in subregulation (3) must be included in the accident, injury, trauma and illness record as soon as practicable, but not r. 37 -- 41 of 183 -- Part 3—Records Children's Services Regulations 2009 S.R. No. 53/2009 33 later than 24 hours after the accident, injury or trauma, or the onset of the illness. Division 5—Staff records and record of family day carers 38 Matters to be recorded in staff record (1) The proprietor of a children's service must ensure that a staff record is kept in accordance with this regulation. Penalty: 5 penalty units. (2) The staff record must include the following details— (a) the name, address and date of birth of each staff member, employee and visiting early childhood intervention staff member; (b) a copy of any relevant qualifications or certificates of completed training of each staff member; (c) the working hours of each staff member and employee; (d) the date each staff member undertook and completed training in the administration of an adrenaline auto-injection device and cardio-pulmonary resuscitation pursuant to regulation 65; (e) if relevant, the date each staff member undertook and completed training in first aid and anaphylaxis management pursuant to regulation 63 or 67(2). (3) The staff record must also include, in relation to the current assessment notice for each staff member, employee and visiting early childhood intervention staff member and the volunteer assessment notice for each volunteer— r. 38 -- 42 of 183 -- Part 3—Records Children's Services Regulations 2009 S.R. No. 53/2009 34 (a) the date the notice was read by the licensee or primary nominee; and (b) the reference number of the notice; and (c) the expiry date of the notice. (4) If an exception in regulation 70(5), 70(6) or 70(7) applies, the staff record must include details of the exception. 39 Matters to be recorded in a record of family day carers (1) The proprietor of a family day care service must keep a record of family day carers in accordance with this regulation. Penalty: 5 penalty units. (2) The record of family day carers must include the following details in relation to each family day carer engaged by the service to provide care or education for children— (a) the name, address and date of birth of the family day carer; (b) a copy of any relevant qualifications or certificates of completed training of the family day carer; (c) the working hours of the family day carer; (d) the date the family day carer undertook and completed training in the administration of an adrenaline auto-injection device and cardio-pulmonary resuscitation pursuant to regulation 65; (e) if relevant, the date the family day carer undertook and completed training in first aid and anaphylaxis management pursuant to regulation 64 or 67(3); r. 39 -- 43 of 183 -- Part 3—Records Children's Services Regulations 2009 S.R. No. 53/2009 35 (f) if the family day carer will be providing care or education to children in the carer's residence— (i) the full names and dates of birth of all persons aged 18 years and over normally residing in the carer's residence; and (ii) the full names and dates of birth of each child under the age of 18 years normally residing in the carer's residence. (3) The record of family day carers must also include, in relation to the current assessment notice for each family day carer— (a) the date the notice was read under regulation 70(2); and (b) the reference number of the notice; and (c) the expiry date of the notice. (4) The record of family day carers must also include, in relation to the criminal history notification for each family day carer— (a) a record that a criminal history notification was read under regulation 69(1); and (b) the reference number of the criminal history notification; and (c) the date of issue of the criminal history notification; and (d) the date on which the criminal history notification was considered. (5) If the family day carer will be providing care or education to children in the carer's residence, the record of family day carers must also include in respect of all persons normally residing in the carer's residence who are aged 18 years or over— r. 39 -- 44 of 183 -- Part 3—Records Children's Services Regulations 2009 S.R. No. 53/2009 36 (a) a record that a current assessment notice was read; and (b) the date on which the assessment notice was read; and (c) the reference number of the notice; and (d) the expiry date of the assessment notice. __________________ r. 39 -- 45 of 183 -- Part 4—Provision and Display of Information Children's Services Regulations 2009 S.R. No. 53/2009 37 PART 4—PROVISION AND DISPLAY OF INFORMATION Division 1—Children's services other than family day care services 40 Information to be displayed at children's service other than family day care service (1) The proprietor of a children's service, other than a family day care service, must ensure the following information is displayed prominently at the main entrance to the premises where the children's service operates— (a) the hours and days of operation of the children's service; (b) the name of the licensee and, if the licensee is a body corporate, the name of a representative; (c) the names of all nominees, identifying which person is the primary nominee; (d) the name of the licensee or nominee currently present and in charge of the children's service; (e) an outline of the educational or recreational programs provided for children cared for or educated by the service; (f) the fees charged by the service; (g) details of emergency evacuation procedures; (h) the name and telephone number of the person at the children's service to whom complaints may be addressed; (i) the address and telephone number of the responsible office of the Department; r. 40 -- 46 of 183 -- Part 4—Provision and Display of Information Children's Services Regulations 2009 S.R. No. 53/2009 38 (j) a list of the information available for inspection under regulation 41; (k) if applicable, a notice stating that a child who has been diagnosed as at risk of anaphylaxis is being cared for or educated by the children's service. Penalty: 5 penalty units. (2) A notice displayed under subregulation (1)(k) must not contain details that identify any child, unless a parent or guardian of the child consents to that child being identified. 41 Information to be made available at children's service other than family day care service The proprietor of a children's service, other than a family day care service, must ensure information about the following matters is available for inspection at the children's service at all times the service is open for the care or education of children— (a) admission requirements and enrolment procedures; (b) arrangements for the payment of fees; (c) the policy of the service with respect to the employment of qualified staff; (d) the educational or recreational programs provided for children cared for or educated by the service; (e) the policy of the service with respect to behaviour management; (f) arrangements for the delivery and collection of children; (g) procedures for dealing with illness and emergency care; r. 41 -- 47 of 183 -- Part 4—Provision and Display of Information Children's Services Regulations 2009 S.R. No. 53/2009 39 (h) procedures for dealing with infectious disease; (i) provision for dealing with complaints; (j) the anaphylaxis management policy. Penalty: 5 penalty units. 42 Notice of changes to information The proprietor of a children's service, other than a family day care service, must, within 28 days of making any change to the information referred to in regulation 40 or 41, notify the parents or guardians of all children being cared for or educated by the children's service of that change. Penalty: 2 penalty units. 43 Information to be available—anaphylaxis management policy The proprietor of a children's service, other than a family day care service, must provide to a parent or guardian of a child diagnosed as at risk of anaphylaxis enrolled at the service a copy of the service's anaphylaxis management policy. Penalty: 5 penalty units. 44 Information to be available—accident, injury, trauma and illness record The proprietor of a children's service, other than a family day care service, must ensure that a parent or guardian of a child being cared for or educated by the children's service— (a) may access any accident, injury, trauma and illness record for that child as soon as practicable on their request; and (b) is provided with a copy of that record as soon as practicable on their request. Penalty: 5 penalty units. r. 42 -- 48 of 183 -- Part 4—Provision and Display of Information Children's Services Regulations 2009 S.R. No. 53/2009 40 Division 2—Family day care services 45 Information to be displayed at principal office of family day care service The proprietor of a family day care service must ensure the following information is displayed prominently at the main entrance of the principal office— (a) the name of the licensee and, if the licensee is a body corporate, the name of a representative; (b) the name of the licensee or nominee currently present and in charge of the family day care service; (c) the name and telephone number of the person at the family day care service to whom complaints may be addressed; (d) the address and telephone number of the responsible office of the Department; (e) a list of the information available for inspection under regulation 46. Penalty: 5 penalty units. 46 Information to be available—family day carer's residence or family day care venue (1) The proprietor of a family day care service must ensure information about the matters set out in subregulation (3) is available for inspection at the family day carer's residence or family day care venue at all times that the family day carer is caring for or educating children. Penalty: 5 penalty units. r. 45 -- 49 of 183 -- Part 4—Provision and Display of Information Children's Services Regulations 2009 S.R. No. 53/2009 41 (2) A family day care carer must ensure information about the matters set out in subregulation (3) is available for inspection at the family day carer's residence or family day care venue at all times that the family day carer is caring for or educating children. Penalty: 5 penalty units. (3) The matters referred to in subregulations (1) and (2) are— (a) the educational or recreational programs provided for the children; (b) the policy of the service with respect to behaviour management; (c) arrangements for the delivery and collection of children; (d) procedures for dealing with illness and emergency care; (e) procedures for dealing with infectious disease; (f) provision for dealing with complaints; (g) the anaphylaxis management policy. 47 Proprietor of family day care to ensure notification of changes to information The proprietor of a family day care service must ensure that, within 28 days of making any change to the information referred to in regulation 45 or 46, the parents or guardians of all children being cared for or educated by the family day care service are notified of that change. Penalty: 2 penalty units. r. 47 -- 50 of 183 -- Part 4—Provision and Display of Information Children's Services Regulations 2009 S.R. No. 53/2009 42 48 Information to be available—anaphylaxis management policy The proprietor of a family day care service must provide to a parent or guardian of a child diagnosed as at risk of anaphylaxis enrolled at the service a copy of the service's anaphylaxis management policy. Penalty: 5 penalty units. 49 Information to be available—accident, injury, trauma and illness record (1) The proprietor of a family day care service must ensure that a parent or guardian of a child being cared for or educated by the service— (a) may access any accident, injury, trauma and illness record for that child as soon as practicable on their request; and (b) is provided with a copy of that record as soon as practicable, on their request. Penalty: 5 penalty units. (2) A family day carer must ensure a parent or guardian of a child being cared for or educated by the family day carer— (a) may access any accident, injury, trauma and illness record for that child as soon as practicable on their request; and (b) is provided with a copy of that record as soon as practicable, on their request. Penalty: 5 penalty units. __________________ r. 48 -- 51 of 183 -- Part 5—Staffing Children's Services Regulations 2009 S.R. No. 53/2009 43 PART 5—STAFFING Division 1—Minimum staff requirements 50 Minimum staff requirements The proprietor of a children's service, other than a family day care service or a service referred to in regulation 51, must ensure that at least 2 staff members are on duty whenever children are being cared for or educated by the children's service. Penalty: 10 penalty units. 51 Minimum staff requirements—certain outside school hours care services (1) This regulation applies to an outside school hours care service that— (a) has a licence capacity of no more than 15 children; and (b) is located in a remote or rural area where there is no other outside school hours care service available within reasonable travelling distance. (2) The proprietor of the service must ensure that whenever children are being cared for or educated by the service— (a) a qualified staff member is on duty; and (b) one other adult is at or near the premises where the service operates and able to attend immediately if required. Penalty: 8 penalty units. r. 50 -- 52 of 183 -- Part 5—Staffing Children's Services Regulations 2009 S.R. No. 53/2009 44 52 Minimum hours of teaching staff (1) The proprietor of a standard children's service or an integrated service that includes a standard service component 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. (2) 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 (1) 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. (3) To avoid doubt, subregulation (2) does not apply in case of maternity leave, long service leave or other similar leave. Division 2—Child/staff ratios 53 Child/staff ratios—standard services (1) For the purposes of section 29A of the Act, the prescribed number of staff members for a standard service is— (a) if the children are aged under 3 years— (i) 1 staff member for every 4 children or fraction of that number; and r. 52 -- 53 of 183 -- Part 5—Staffing Children's Services Regulations 2009 S.R. No. 53/2009 45 (ii) 1 qualified staff member for every 12 children or fraction of that number; and (b) if the children are aged 3 years or more— (i) 1 staff member for every 15 children or fraction of that number; and (ii) 1 qualified staff member for every 30 children or fraction of that number. (2) Despite subregulation (1), if a standard service cares for or educates 12 children or less, the prescribed number of qualified staff members is one. 54 Child/staff ratios—outside school hours care services For the purposes of section 29A of the Act, the prescribed number of staff members for an outside school hours care service is— (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. 55 Child/staff ratios—limited hours services (1) For the purposes of section 29A of the Act, the prescribed number of staff members and volunteers for a limited hours Type 1 service is— (a) if the children are aged under 3 years, 1 staff member or volunteer for every 5 children or fraction of that number; and (b) if the children are aged 3 years or more, 1 staff member or volunteer for every 15 children or fraction of that number. r. 54 -- 54 of 183 -- Part 5—Staffing Children's Services Regulations 2009 S.R. No. 53/2009 46 (2) For the purposes of section 29A of the Act, the prescribed number of staff members and volunteers for a limited hours Type 2 service is— (a) if the children are aged under 3 years— (i) 1 staff member or volunteer for every 5 children or fraction of that number; and (ii) 1 qualified staff member for every 15 children or fraction of that number; and (b) if the children are aged 3 years or more— (i) 1 staff member or volunteer for every 15 children or fraction of that number; and (ii) 1 qualified staff member for every 30 children or fraction of that number. (3) Despite subregulation (2), if a limited hours Type 2 service cares for or educates 15 children or less, the prescribed number of qualified staff members is one. 56 Child/staff ratios—short term services (1) For the purposes of section 29A of the Act, the prescribed number of staff members and volunteers for a short term Type 1 service is— (a) if the children are aged under 3 years— (i) 1 staff member or volunteer for every 5 children or fraction of that number; and (ii) 1 qualified staff member for every 15 children or fraction of that number; and r. 56 -- 55 of 183 -- Part 5—Staffing Children's Services Regulations 2009 S.R. No. 53/2009 47 (b) if the children are aged 3 years or more— (i) 1 staff member or volunteer for every 15 children or fraction of that number; and (ii) 1 qualified staff member for every 30 children or fraction of that number. (2) For the purposes of section 29A of the Act, the prescribed number of staff members and volunteers for a short term Type 2 service is— (a) if the children are aged under 3 years, 1 staff member or volunteer for every 5 children or fraction of that number; and (b) if the children are aged 3 years or more, 1 staff member or volunteer for every 15 children or fraction of that number; and (c) if the service cares for or educates 16 children or more, 1 qualified staff member for every 30 children or fraction of that number. (3) Despite subregulation (1), if a short term Type 1 service cares for or educates 15 children or less, the prescribed number of qualified staff members is one. 57 Qualified staff members For the purposes of this Division, a qualified staff member may also be counted as a staff member in determining the prescribed number of staff members. 58 Proportion of volunteers counted in child/staff ratio In determining the child/staff ratio for a limited hours service or a short term service— (a) no more than half of the individuals counted in the prescribed number of staff members may be volunteers; and r. 57 -- 56 of 183 -- Part 5—Staffing Children's Services Regulations 2009 S.R. No. 53/2009 48 (b) a volunteer must not be counted unless he or she is aged 18 or over; and (c) a volunteer must not be counted in the ratio of qualified staff members to children; and (d) a volunteer must not be counted in the minimum staff requirements for the purposes of regulation 50. 59 Alternative process for determining certain child/staff ratios If a children's service referred to in regulation 53, 55 or 56 cares for or educates a child aged under 3 years, the child/staff ratio under that regulation may be determined as if all the children cared for or educated by the service were aged under 3 years. Division 3—Qualifications and training 60 Minimum training The proprietor of a children's service, other than a family day care service, must ensure each staff member caring for or educating children for the service— (a) holds a Certificate III in Children's Services; or (b) holds a qualification or has training the Secretary is satisfied is substantially equivalent or superior to the qualification referred to in paragraph (a); or (c) is a qualified staff member or a teaching staff member; or (d) holds a primary school teaching qualification; or r. 59 -- 57 of 183 -- Part 5—Staffing Children's Services Regulations 2009 S.R. No. 53/2009 49 (e) in the case of an early childhood intervention staff member, holds a qualification in a field the Secretary is satisfied is acceptable; or (f) in the case of an outside school hours care service— (i) holds a qualification or has training referred to in paragraph (a), (b), (c) or (d); or (ii) holds a qualification in a field the Secretary is satisfied is acceptable; or (iii) commences obtaining a qualification or training referred to in subparagraph (i) or (ii) within 6 months of commencing to care for or educate children at the service. Penalty: 10 penalty units. 61 Minimum training for family day carers The proprietor of a family day care service must ensure that each family day carer engaged to care for or educate children for the service— (a) holds a Certificate III in Children's Services; or (b) holds a qualification or has training the Secretary is satisfied is substantially equivalent or superior to the qualification referred to in paragraph (a); or (c) is a qualified staff member or a teaching staff member; or (d) holds a primary school teaching qualification. Penalty: 10 penalty units. r. 61 -- 58 of 183 -- Part 5—Staffing Children's Services Regulations 2009 S.R. No. 53/2009 50 62 Secretary may declare qualifications or training The Secretary, by notice published in the Government Gazette, may declare a qualification or training to be an equivalent or superior qualification for the purposes of regulation 60 or 61. 63 Staff members to have first aid and anaphylaxis management training (1) The proprietor of a children's service other than a family day care service must ensure each staff member employed, engaged, appointed or approved by the service completes the first aid and anaphylaxis management training set out in this regulation that is approved by the Secretary in accordance with regulation 66— (a) by 1 January 2012; and (b) then at least every 3 years. Penalty: 10 penalty units. (2) The first aid training must include training in the following— (a) emergency life support and cardio- pulmonary resuscitation; (b) convulsions; (c) poisoning; (d) respiratory difficulties; (e) management of severe bleeding; (f) injury and basic wound care appropriate for children; r. 62 -- 59 of 183 -- Part 5—Staffing Children's Services Regulations 2009 S.R. No. 53/2009 51 (3) Anaphylaxis management training must include training in the following— (a) nature of severe allergic conditions; (b) signs and symptoms and management of anaphylactic shock including administration of an adrenaline auto-injection device; (c) risk minimisation and management strategies for allergic reactions and anaphylaxis appropriate for children. (4) First aid training and anaphylaxis management training may be undertaken as a combined course. 64 Family day carers to have first aid and anaphylaxis management training (1) The proprietor of a family day care service must ensure each family day carer engaged by the service completes the first aid and anaphylaxis management training set out in this regulation that is approved by the Secretary in accordance with regulation 66— (a) by 1 January 2012; and (b) then at least every 3 years. Penalty: 10 penalty units. (2) The first aid training must include training in the following— (a) emergency life support and cardio- pulmonary resuscitation; (b) convulsions; (c) poisoning; (d) respiratory difficulties; (e) management of severe bleeding; (f) injury and basic wound care appropriate for children. r. 64 -- 60 of 183 -- Part 5—Staffing Children's Services Regulations 2009 S.R. No. 53/2009 52 (3) Anaphylaxis management training must include training in the following— (a) nature of severe allergic conditions; (b) signs and symptoms and management of anaphylactic shock including administration of an adrenaline auto-injection device; (c) risk minimisation and management strategies for allergic reactions and anaphylaxis appropriate for children. (4) First aid training and anaphylaxis management training may be undertaken as a combined course. 65 Adrenaline auto-injection device and CPR training (1) The proprietor of a children's service, other than a family day care service, must ensure that all staff members on duty whenever children are being cared for or educated by the service have undertaken training in the following at least every 12 months— (a) administration of the adrenaline auto- injection device; (b) cardio-pulmonary resuscitation (CPR). Penalty: 10 penalty units. (2) The proprietor of a family day care service must ensure that all family day carers engaged by the service have undertaken training in the following at least every 12 months— (a) administration of the adrenaline auto- injection device; (b) cardio-pulmonary resuscitation (CPR). Penalty: 10 penalty units. r. 65 -- 61 of 183 -- Part 5—Staffing Children's Services Regulations 2009 S.R. No. 53/2009 53 66 Secretary may approve first aid and anaphylaxis management training (1) The Secretary may approve a course or courses of training to be first aid and anaphylaxis management training for the purposes of regulation 63 or 64. (2) The Secretary must not approve a course of training under this regulation unless satisfied that the course is relevant to the needs of children. (3) An approval by the Secretary under subregulation (1) must be published in the Government Gazette. 67 Anaphylaxis training where child diagnosed as at risk (1) This regulation applies if a child who has been diagnosed as at risk of anaphylaxis is being cared for or educated by a children's service. (2) The proprietor of a service other than a family day care service must ensure that all staff members on duty whenever that child is being cared for or educated by the service have undertaken training in anaphylaxis management that is approved by the Secretary under regulation 66. Penalty: 10 penalty units. (3) The proprietor of a family day care service must ensure that the family day carer caring for or educating the child has undertaken training in anaphylaxis management that is approved by the Secretary under regulation 66. Penalty: 10 penalty units. (4) This regulation does not apply if the staff member or family day carer has undertaken training in anaphylaxis management under another provision of this Division. r. 66 -- 62 of 183 -- Part 5—Staffing Children's Services Regulations 2009 S.R. No. 53/2009 54 68 Health of staff members and family day carers (1) The proprietor of a children's service other than a family day care service must ensure that— (a) a staff member's health does not adversely affect the staff member's ability to care for or educate children at the children's service; and (b) a staff member is not adversely affected by alcohol, drugs or any other deleterious substances while caring for or educating children at the children's service. Penalty: 10 penalty units. (2) The proprietor of a family day care service must ensure in respect of each family day carer engaged by the service that— (a) the carer's health does not adversely affect the carer's ability to care for or educate children; and (b) the carer is not adversely affected by alcohol, drugs or any other deleterious substances while caring for or educating children. Penalty: 10 penalty units. (3) A family day carer must ensure that— (a) the carer's health does not adversely affect the carer's ability to care for or educate children; and (b) the carer is not adversely affected by alcohol, drugs or any other deleterious substances while caring for or educating children. Penalty: 10 penalty units. r. 68 -- 63 of 183 -- Part 5—Staffing Children's Services Regulations 2009 S.R. No. 53/2009 55 (4) The proprietor of a children's service must ensure alcohol and drugs, except for those required for legitimate medical purposes, are not consumed on the premises while children are being cared for or educated by the children's service. Penalty: 10 penalty units. (5) A family day carer must ensure that alcohol and drugs, except for those required for legitimate medical purposes, are not consumed at the carer's residence or a family day care venue while the family day carer is caring for or educating children at the residence or venue. Penalty: 10 penalty units. 69 Criminal history notifications (1) A licensee must ensure that before the licensee engages a family day carer, the licensee or the primary nominee for the family day care service has read a criminal history notification issued with respect to the family day carer within the 6 months immediately before the engagement and considered any criminal history in that notification having regard to the security, health, safety and welfare of children. Penalty: 10 penalty units. (2) A licensee must ensure that any information in a criminal history notification referred to in this regulation and read by the licensee or the primary nominee of the family day care service is not divulged by the licensee or the primary nominee, directly or indirectly, to any person except the licensee, the primary nominee, the Secretary or an authorised officer. Penalty: 10 penalty units. r. 69 -- 64 of 183 -- Part 5—Staffing Children's Services Regulations 2009 S.R. No. 53/2009 56 70 Assessment notices (1) A licensee must read, or must ensure the primary nominee 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) A licensee must ensure that before the licensee engages a family day carer, the licensee or the primary nominee for the family day care service has read the family day carer's current assessment notice. Penalty: 10 penalty units. (3) A licensee must read, or must ensure that the primary nominee for the children's service has read, a person's current assessment notice or volunteer assessment notice before the person becomes a volunteer at the children's service. Penalty: 10 penalty units. (4) A licensee must read, or must ensure the primary nominee has read, a current assessment notice for each visiting early childhood intervention staff member. Penalty: 10 penalty units. (5) Subregulations (1), (3) and (4) 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 children's service only under the immediate supervision of the proprietor or a qualified staff member of the service. r. 70 -- 65 of 183 -- Part 5—Staffing Children's Services Regulations 2009 S.R. No. 53/2009 57 (6) Subregulations (1), (2), (3) and (4) do not apply in respect of a person who is registered as a teacher under the Education and Training Reform Act 2006, if the licensee or primary nominee has checked the relevant register kept under that Act to ensure that the person is so registered. (7) Subregulation (3) does not apply if the volunteer— (a) 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; and (b) is not included in the child/staff ratios if the service is a limited hours or short term service. (8) A licensee must ensure that any information in an assessment notice or a volunteer assessment notice referred to in this regulation and read by the licensee or the primary nominee of the children's service is not divulged by the licensee or the primary nominee, directly or indirectly, to any person except the licensee, 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. __________________ r. 70 -- 66 of 183 -- Part 6—Health and Welfare of Children Children's Services Regulations 2009 S.R. No. 53/2009 58 PART 6—HEALTH AND WELFARE OF CHILDREN Division 1—Access to and removal of children from the premises 71 Access to the premises Subject to any court order or any notice under section 9 of the Summary Offences Act 1966 to the contrary, the proprietor of a children's service must ensure that any parent or guardian of a child being cared for or educated by the children's service may— (a) enter the premises at which the child is being cared for or educated at any time during the hours of operation; and (b) exchange information about the child with a staff member of the children's service or a family day carer. Penalty: 8 penalty units. 72 Collection of children (1) The proprietor of a children's service must ensure that a child cared for or educated by the children's service is not— (a) given into the care of any person other than— (i) a parent of the child; or (ii) a guardian of the child; or (iii) a person who has lawful authority to collect the child from the children's service; or r. 71 -- 67 of 183 -- Part 6—Health and Welfare of Children Children's Services Regulations 2009 S.R. No. 53/2009 59 (iv) a person who is authorised by the child's parent or guardian or a person who has lawful authority to collect the child; or (b) taken outside the premises at which the children's service is provided except by a staff member of the children's service or a family day carer engaged by the service to provide care or education to children. Penalty: 10 penalty units. (2) Subregulation (1)(a) does not apply if a school child leaves the children's service in accordance with written authorisation from the child's parent or guardian. Example A school child's parent may authorise the school child to leave an outside school hours care service unaccompanied. 73 Authorisation for removal of child by staff member or family day carer (1) The proprietor of a children's service must ensure that a staff member of the children's service or a family day carer does not take a child on an excursion outside the premises at which the children's service is provided unless written authorisation for the excursion has been provided in accordance with subregulation (2). Penalty: 8 penalty units. (2) The authorisation must be given by a person named in the child's enrolment record as having lawful authority to authorise the taking of the child outside the premises by a staff member or family day carer and must state— (a) the reason the child is to be taken outside the premises; and r. 73 -- 68 of 183 -- Part 6—Health and Welfare of Children Children's Services Regulations 2009 S.R. No. 53/2009 60 (b) the date the child is to be taken on the excursion; and (c) the proposed destination for the excursion; and (d) the method of transport to be used for the excursion; and (e) the proposed activities to be undertaken by the child during the excursion; and (f) the period the child will be away from the premises; and (g) the number of staff members, family day carers and any other responsible person who will accompany and supervise the child on the excursion. (3) Despite subregulation (1), a staff member of a children's service or a family day carer may take a child outside the premises for a routine outing if— (a) a person named in the child's enrolment record as having lawful authority to authorise the taking of the child outside the premises by a staff member or family day carer has provided a written authorisation for the routine outing within the previous 12 months; and (b) except in the case of a family day care service, the children's service displays a notice that— (i) indicates the children who attend the service are on a routine outing; and (ii) states the location of the routine outing; and r. 73 -- 69 of 183 -- Part 6—Health and Welfare of Children Children's Services Regulations 2009 S.R. No. 53/2009 61 (iii) states the time the children are expected to return to the service's premises. Example Routine outings may include trips taken from a children's service located at a registered school to other locations at the campus of the school, library trips taken by a family day carer, or trips taken by a family day carer to collect children from schools or other venues. 74 Additional requirements where child removed by staff member or family day carer (1) The proprietor of a children's service, other than a family day care service, must ensure that, before a staff member takes a child outside the premises at which the children's service is provided, the staff member conducts a risk assessment to determine whether there is adequate adult supervision for the excursion or routine outing. (2) The proprietor of a family day care service must ensure that, before a family day carer takes a child outside the carer's residence or family day care venue, the carer conducts a risk assessment to determine whether there is adequate adult supervision for the excursion or routine outing. (3) A family day carer must ensure that, before the carer takes a child outside the carer's residence or family day care venue, the carer conducts a risk assessment to determine whether there is adequate adult supervision for the excursion or routine outing. (4) If a child is taken by a staff member or family day carer outside the premises at which the children's service is provided, the proprietor of the service must ensure a staff member or family day carer accompanying the child carries— (a) a suitably equipped first aid kit; and r. 74 -- 70 of 183 -- Part 6—Health and Welfare of Children Children's Services Regulations 2009 S.R. No. 53/2009 62 (b) the telephone number of— (i) any person who is to be notified of any accident, injury, trauma or illness involving the child; and (ii) the child's registered medical practitioner or medical service; and (c) an operational mobile telephone with an appropriate connection to a mobile telephone network; and (d) if the child has been diagnosed as at risk of anaphylaxis, the child's anaphylaxis medication and anaphylaxis medical management plan. Penalty: 8 penalty units. 75 Removal of child in emergency Regulations 72 to 74 do not apply if a child is given into the care of a person or taken outside the premises at which the children's service is provided because— (a) the child requires medical, hospital or ambulance care or treatment; or (b) of another emergency. Division 2—Safety 76 Emergency procedures (1) The proprietor of a children's service, other than a family day care service, must ensure that emergency procedures are developed and regularly practised with staff members and volunteers of the service and children being cared for or educated by the service. Penalty: 10 penalty units. r. 75 -- 71 of 183 -- Part 6—Health and Welfare of Children Children's Services Regulations 2009 S.R. No. 53/2009 63 (2) The proprietor of a family day care service must ensure that emergency procedures are developed and regularly practised by family day carers engaged by the service to provide care or education to children and children being cared for or educated by the family day carers. Penalty: 10 penalty units. 77 Communication equipment (1) The proprietor of a children's service, other then a family day care service, must ensure that staff members of the children's service have ready access to an operating telephone or other similar means of communication when children are being cared for or educated by the children's service. Penalty: 5 penalty units. (2) The proprietor of a family day care service must ensure that a family day carer engaged by the service to provide care or education to children has ready access to an operating telephone or other similar means of communication when the carer is caring for or educating children. Penalty: 5 penalty units. Division 3—Personal hygiene, food and beverage requirements and smoke-free environment 78 Personal hygiene needs of children (1) The proprietor of a children's service must ensure that the personal hygiene needs of children being cared for or educated by the service are attended to as soon as practicable. Penalty: 10 penalty units. r. 77 -- 72 of 183 -- Part 6—Health and Welfare of Children Children's Services Regulations 2009 S.R. No. 53/2009 64 (2) The proprietor of the children's service must ensure that children being cared for or educated by the service do not make common use of items intended for a child's personal care. Penalty: 8 penalty units. (3) A family day carer must ensure that the personal hygiene needs of children being cared for or educated by the carer are attended to as soon as practicable. Penalty: 10 penalty units. (4) A family day carer must ensure that children being cared for or educated by the carer do not make common use of items intended for a child's personal care. Penalty: 8 penalty units. 79 Water to be available (1) The proprietor of a children's service must ensure that children being cared for or educated by the children's service have access to fresh drinking water at all times. Penalty: 8 penalty units. (2) A family day carer must ensure that children being cared for or educated by the carer have access to fresh drinking water at all times. Penalty: 8 penalty units. 80 Food and beverage requirements (1) The proprietor of a children's service must ensure that— (a) food and beverages are offered to the children being cared for or educated by the children's service or the family day care service at frequent and regular intervals; and r. 79 -- 73 of 183 -- Part 6—Health and Welfare of Children Children's Services Regulations 2009 S.R. No. 53/2009 65 (b) cleanliness is observed where the food and beverages are stored, handled and prepared on the premises; and (c) all food and beverages on the premises intended for consumption are protected at all times from contamination; and (d) there are suitable eating arrangements for children at the premises. Penalty: 8 penalty units. (2) A family day carer must ensure that— (a) food and beverages are offered to the children being cared for or educated by the carer at frequent and regular intervals; and (b) cleanliness is observed where the food and beverages are stored, handled and prepared on the premises; and (c) all food and beverages on the premises intended for consumption are protected at all times from contamination; and (d) there are suitable eating arrangements for children at the premises. Penalty: 8 penalty units. 81 Food provided by the children's service or family day carer (1) If a children's service provides food to children being cared for or educated by the service, the proprietor of the children's service must ensure that— (a) a weekly menu is displayed describing the food to be provided each day; and r. 81 -- 74 of 183 -- Part 6—Health and Welfare of Children Children's Services Regulations 2009 S.R. No. 53/2009 66 (b) the food is nutritious, varied and adequate in quantity, and appropriate to the children's growth, cultural and developmental needs. Penalty: 8 penalty units. (2) If a family day carer provides food to children being cared for or educated by the carer, the family day carer must ensure that— (a) a weekly menu is displayed describing the food to be provided each day; and (b) the food is nutritious, varied and adequate in quantity, and appropriate to the children's growth, cultural and developmental needs. Penalty: 8 penalty units. 82 Smoke-free environment (1) The proprietor of a children's service must ensure that the children being cared for or educated by the service are provided with a smoke-free environment. Penalty: 10 penalty units. (2) A family day carer must ensure that the children being cared for or educated by the carer are provided with a smoke-free environment. Penalty: 10 penalty units. Division 4—Administration of medication 83 Authorisation to administer medication (1) For the purposes of sections 29B(1)(a) and 29B(2)(a) of the Act, the prescribed authorisation is— (a) an authorisation given in writing by a person recorded in the child's enrolment record as authorised to request or permit the r. 82 -- 75 of 183 -- Part 6—Health and Welfare of Children Children's Services Regulations 2009 S.R. No. 53/2009 67 administration of medication to the child (the authorising person); or (b) in the case of an emergency, an authorisation provided under subregulation (2). (2) The authorising person may authorise in writing that, in the case of an emergency, the authorisation for the purposes of sections 29B(1)(a) and 29B(2)(a) of the Act may be provided by— (a) an oral authorisation by the authorising person; or (b) an oral authorisation by a medical practitioner or a paramedic if the authorising person cannot reasonably be contacted in the circumstances. (3) For the purposes of sections 29B(1)(b) and 29B(2)(b) of the Act, medication is administered in the prescribed manner if— (a) the medication is administered from its original container bearing the original label and instructions and before the expiry or use by date; and (b) if the medication has been prescribed for the child by a registered medical practitioner, the original container or original label bears the name of the child to whom medication is administered; and (c) the dosage of the medication administered to the child is checked by a person other than the person administering the medication, except in the case of a family day care service, a family day carer or an outside school hours care service that is not required to have 2 staff members present by operation of regulation 51. r. 83 -- 76 of 183 -- Part 6—Health and Welfare of Children Children's Services Regulations 2009 S.R. No. 53/2009 68 Division 5—First aid and illness 84 First aid kit—children's service other than family day care (1) The proprietor of a children's service, other than a family day care service, must supply and maintain a suitably equipped first aid kit at the premises at which the child is being cared for or educated. Penalty: 10 penalty units. (2) The proprietor of a children's service, other than a family day care service, must ensure the first aid kit referred to in subregulation (1) is— (a) easily recognisable and readily accessible to staff; and (b) inaccessible to children. Penalty: 5 penalty units. (3) The proprietor of a children's service, other than a family day care service, must ensure that if a child diagnosed as at risk of anaphylaxis is being cared for or educated by the children's service that the child's anaphylaxis medication is— (a) easily recognisable and readily accessible to staff; and (b) inaccessible to children; and (c) stored away from direct sources of heat. Penalty: 5 penalty units. 85 First aid kit—family day care service (1) The proprietor of a family day care service must ensure there is a suitably equipped first aid kit at the family day care residence or venue. Penalty: 5 penalty units. r. 84 -- 77 of 183 -- Part 6—Health and Welfare of Children Children's Services Regulations 2009 S.R. No. 53/2009 69 (2) A family day carer must supply and maintain a suitably equipped first aid kit at the family day care residence or family day care venue. Penalty: 10 penalty units. (3) A family day carer must ensure that the first aid kit referred to in this regulation is— (a) easily recognisable and readily accessible to the family day carer; and (b) inaccessible to children. Penalty: 5 penalty units. (4) A family day carer must ensure that if a child diagnosed as at risk of anaphylaxis is being cared for or educated by the family day carer that the child's anaphylaxis medication is— (a) easily recognisable and readily accessible to the family day carer; and (b) inaccessible to children; and (c) stored away from direct sources of heat. Penalty: 5 penalty units. 86 Provision of first aid (1) The proprietor of a children's service must ensure that appropriate first aid that is reasonable in the circumstances is provided to any child being cared for or educated by the children's service. Penalty: 10 penalty units. (2) A staff member of a children's service must ensure that appropriate first aid that is reasonable in the circumstances is provided to a child in the care of that staff member. Penalty: 10 penalty units. r. 86 -- 78 of 183 -- Part 6—Health and Welfare of Children Children's Services Regulations 2009 S.R. No. 53/2009 70 (3) A family day carer must ensure that appropriate first aid that is reasonable in the circumstances is provided to a child in the care of that family day carer. Penalty: 10 penalty units. 87 Anaphylaxis management policy For the purposes of section 26A of the Act, the prescribed matters to be included in the anaphylaxis management policy are listed in Schedule 3. 88 Sick or injured child (1) This regulation applies if a child becomes ill, or has an accident, is injured or traumatised as a consequence of an incident while being cared for or educated by a children's service. (2) The proprietor of the children's service, other than a family day care service, must ensure that the parent or guardian with whom the child resides is notified as soon as practicable. Penalty: 8 penalty units. (3) The proprietor of the children's service, other than a family day care service, must ensure that arrangements are made as soon as practicable to remove the child from the service if it is necessary in the interests of the health, safety or wellbeing of that child or other children attending the children's service. Penalty: 5 penalty units. (4) In the case of a family day care service, the family day carer must ensure that the parent or guardian with whom the child resides is notified as soon as practicable. Penalty: 8 penalty units. r. 87 -- 79 of 183 -- Part 6—Health and Welfare of Children Children's Services Regulations 2009 S.R. No. 53/2009 71 (5) In the case of a family day care service, the family day carer must ensure that arrangements are made as soon as practicable to remove the child from the carer's residence or family day care venue if it is necessary in the interests of the health, safety or wellbeing of that child or other children attending the family day care. Penalty: 5 penalty units. 89 Notification of infectious disease (1) If there is an occurrence at a children's service, other than a family day care service, of an infectious disease listed in Schedule 6 to the Health (Infectious Diseases) Regulations 2001 6 , the proprietor of the children's service must ensure that a parent or guardian of each child cared for or educated by the service is notified as soon as practicable of the occurrence. Penalty: 5 penalty units. (2) If there is an occurrence at a family day care service of an infectious disease listed in Schedule 6 to the Health (Infectious Diseases) Regulations 2001 7 , the proprietor of the family day care service must ensure that the family day carer notifies a parent or guardian of each child cared for or educated by the carer as soon as practicable of the occurrence. Penalty: 5 penalty units. (3) If there is an occurrence at a family day care service of an infectious disease listed in Schedule 6 to the Health (Infectious Diseases) Regulations 2001 8 , the family day carer must notify a parent or guardian of each child cared for or educated by the carer as soon as practicable of the occurrence. Penalty: 5 penalty units. r. 89 -- 80 of 183 -- Part 6—Health and Welfare of Children Children's Services Regulations 2009 S.R. No. 53/2009 72 Division 6—Serious incidents 90 Secretary to be notified of a serious incident (1) For the purposes of section 29C of the Act, the prescribed manner for notifying the Secretary is by telephone within 24 hours of the incident, followed by written notification as soon as practicable. (2) For the purposes of section 29C(d) of the Act, any incident requiring attendance by emergency services is prescribed as a serious incident. 91 Parents to be notified of a serious incident If a child is involved in an incident or occurrence referred to in section 29C of the Act, the proprietor of the children's service must ensure that a parent or guardian of that child is notified as soon as practicable of the incident or occurrence. Penalty: 8 penalty units. __________________ r. 90 -- 81 of 183 -- Part 7—Equipment and Facilities Children's Services Regulations 2009 S.R. No. 53/2009 73 PART 7—EQUIPMENT AND FACILITIES Division 1—Application of Part 92 Provisions which do not apply to particular services A requirement of this Part does not apply if— (a) there is a corresponding requirement under the Building Act 1993 or the regulations under that Act; and (b) the premises of the children's service already satisfies that requirement under that Act. Division 2—Equipment 93 Equipment (1) For the purposes of section 26B(1) of the Act, the proprietor of a children's service must ensure that each child cared for or educated by the children's service has access to furniture, materials and developmentally appropriate equipment suitable for the educational or recreational program provided to that child. (2) For the purposes of section 26B(2) of the Act, a family day carer must ensure that each child cared for or educated by the family day carer has access to furniture, materials and developmentally appropriate equipment suitable for the educational or recreational program provided to that child. Division 3—Rooms and space 94 Application of Division This Division does not apply to a family day care service. r. 92 -- 82 of 183 -- Part 7—Equipment and Facilities Children's Services Regulations 2009 S.R. No. 53/2009 74 95 Children's rooms (1) A licensee 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 service, a licensee must provide at least 2 children's rooms except in the case of a limited hours service or short term service. Penalty: 10 penalty units. (3) A licensee must ensure that adequate natural lighting is provided in a children's room, except for a children's room at a limited hours Type 1 service or a short term Type 2 service. Penalty: 10 penalty units. 96 Area of children's rooms (1) A licensee 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— (a) 3·3 square metres; or (b) in the case of an outside school hours care service, 3·25 square metres. Penalty: 10 penalty units. (2) In calculating the floor area of a children's room, the following must be excluded— (a) a passageway or thoroughfare less than 3 metres wide; (b) a kitchen; (c) a toilet or shower area; (d) a cupboard or other storage area; (e) door swing areas; r. 95 -- 83 of 183 -- Part 7—Equipment and Facilities Children's Services Regulations 2009 S.R. No. 53/2009 75 (f) cot rooms and areas permanently set aside for the use or storage of cots; (g) any other ancillary area. 97 Outdoor space (1) A licensee must ensure that outdoor space is provided at the children's service that— (a) has 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) includes 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) includes adequate shading to protect children from harmful exposure to the sun. Penalty: 10 penalty units. (2) In calculating the area of useable outdoor space, the following must be excluded— (a) pathways or thoroughfares less than 3 metres wide; (b) car parking areas; (c) storage sheds and other fixed items that prevent children from using the space; (d) any other ancillary area. (3) This regulation does not apply to a limited hours children's service, a short term children's service or an outside school hours care service. 98 Outdoor space—outside school hours care services (1) A licensee of an outside school hours care service must ensure that the following is provided for each child cared for or educated by the service at or near the service— r. 97 -- 84 of 183 -- Part 7—Equipment and Facilities Children's Services Regulations 2009 S.R. No. 53/2009 76 (a) outdoor space with a useable area of at least 12 square metres; or (b) indoor playing space with a useable area of at least 12 square metres. Penalty: 10 penalty units. (2) The indoor playing space referred to in subregulation (1)(b) is in addition to the space required under regulation 96. 99 Fencing (1) A licensee 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. (2) This regulation does not apply to an outside school hours care service. 100 Administration room A licensee must provide an administration room or space at the children's service for the purpose 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. r. 99 -- 85 of 183 -- Part 7—Equipment and Facilities Children's Services Regulations 2009 S.R. No. 53/2009 77 Division 4—Toileting, rest and food preparation facilities 101 Toilet and washing facilities A licensee 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. 102 Nappy changing facilities If children who wear nappies are cared for or educated by a children's service, the licensee must ensure that adequate and age-appropriate facilities are provided for changing nappies in a safe and hygienic manner. Penalty: 8 penalty units. 103 Sleep and rest facilities (1) A licensee of a children's service, other than an outside school hours 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. r. 101 -- 86 of 183 -- Part 7—Equipment and Facilities Children's Services Regulations 2009 S.R. No. 53/2009 78 (2) A licensee of 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. 104 Food preparation facilities A licensee must ensure that the following are available to and accessible by staff members of the children's service or, in the case of a family day care service, the family day carer— (a) facilities to cook or heat food; (b) washing up facilities; (c) refrigerated food storage facilities. Penalty: 8 penalty units. __________________ r. 104 -- 87 of 183 -- Part 8—General Children's Services Regulations 2009 S.R. No. 53/2009 79 PART 8—GENERAL 105 Complaints (1) The proprietor of a children's service must deal with, and respond to, a complaint relating to the children's service or a family day carer— (a) as soon as practicable after the complaint is made; and (b) as discreetly as practicable in the circumstances. Penalty: 8 penalty units. (2) The proprietor of a children's service must notify the Secretary by telephone within 48 hours, followed by written notification as soon as practicable, after a complaint is made if the complaint alleges— (a) the health, safety or wellbeing of any child being cared for or educated by the children's service may have been compromised; or (b) a contravention of the Act or these Regulations. Penalty: 8 penalty units. 106 Act and Regulations to be available The proprietor of a children's service must ensure that a copy of the Act and these Regulations is available at the premises of the children's service at all times for use by staff members, family day carers, volunteers or any person seeking to make use of the service. Penalty: 2 penalty units. __________________ r. 105 -- 88 of 183 -- Part 9—Transitional and Saving Provisions Children's Services Regulations 2009 S.R. No. 53/2009 80 PART 9—TRANSITIONAL AND SAVING PROVISIONS Division 1—Interpretation 107 Definitions In this Part— commencement day means the day on which section 8 of the Children's Legislation Amendment Act 2008 comes into operation; existing applicant means the following— (a) a person who had made an application for approval in principle under the old Act provisions that was still pending immediately before the commencement day; or (b) a person who was granted an approval in principle under the old Act provisions before the commencement day, but who had not made an application under the old Act provisions for a licence to operate the children's service before the commencement day; or (c) a person who was granted an approval in principle under the old Act provisions before the commencement day and had made an application under the old Act provisions for a licence to operate the children's service, but the application was still pending immediately before the commencement day; or r. 107 -- 89 of 183 -- Part 9—Transitional and Saving Provisions Children's Services Regulations 2009 S.R. No. 53/2009 81 (d) a person who had made an application under the old Act provisions for a licence to operate a children's service and the application was still pending immediately before the commencement day; existing licensed children's service means a children's service that, immediately before the commencement day, was licensed under the old Act provisions; old Act provisions means the Act as in force before the commencement day; the 1998 Regulations means the Children's Services Regulations 1998 9 as in force immediately before the commencement day. Division 2—Provisional licences 108 Provisional licences For the purposes of clause 6(2) of the Schedule to the Act, the prescribed information for a provisional licence is the relevant information set out in Schedule 4. Division 3—Existing applicants 109 Transitional provision with respect to pending applications for approvals in principle (1) An applicant for approval in principle under the old Act provisions whose application was still pending immediately before the commencement day must submit the following information to the Secretary— (a) calculations of the areas referred to in regulations 42(2) and 43(1)(a) of the 1998 Regulations by a building practitioner; and r. 108 -- 90 of 183 -- Part 9—Transitional and Saving Provisions Children's Services Regulations 2009 S.R. No. 53/2009 82 (b) a copy of an occupancy permit or certificate of final inspection or building surveyor's statement, if relevant. (2) If the information referred to in subregulation (1) is provided, the application by the children's service for approval in principle is taken to be an application for approval of premises under the Act. 110 Transitional provisions for applicants for a licence to operate a children's service—general (1) This regulation applies to an application that was pending immediately before the commencement day for a licence to operate a children's service other than a restricted children's service. (2) The applicant for the licence is taken on the commencement day to have applied for a standard licence. 111 Transitional provisions for applicants for a licence to operate a restricted children's service (1) An applicant for a licence to operate a restricted children's service that was pending immediately before the commencement day is taken on that day to have applied for a licence to operate a limited hours Type 2 service. (2) An applicant who is taken to have applied for a licence to operate a limited hours Type 2 service under subregulation (1) may request to change the licence type— (a) while the application is still pending; or (b) after the Secretary has granted the application. (3) A request under subregulation (2) must be submitted to the Secretary in writing by 31 December 2009 and specify the licence type requested. r. 110 -- 91 of 183 -- Part 9—Transitional and Saving Provisions Children's Services Regulations 2009 S.R. No. 53/2009 83 (4) If a request is made under subregulation (2)(a), the Secretary must give notice in writing to the applicant of the Secretary's decision on the application for the licence within 30 days after receiving the request to change the licence type or, if the Secretary requests further information from the licensee, within 30 days after receiving that information. (5) If a request is made under subregulation (2)(b), the Secretary must give notice in writing to the licensee of his or her decision regarding the request within 30 days after receiving the request or, if the Secretary requests further information from the licensee, within 30 days after receiving that information. (6) A decision by the Secretary to change the licence type under subregulation (5) takes effect 7 days from the date of the written notification to the licensee. Division 4—Existing licensed children's services 112 Savings provision for fit and proper persons for existing licensed children's services A determination by the Secretary at a particular date under the old Act provisions that a person is a fit and proper person is taken to be a determination by the Secretary at that date that the person is a fit and proper person for the purposes of the Act. 113 Savings provision for nominees for existing licensed children's services A person who, immediately before the commencement day, was a nominee for an existing licensed children's service continues to be a nominee for that service. r. 112 -- 92 of 183 -- Part 9—Transitional and Saving Provisions Children's Services Regulations 2009 S.R. No. 53/2009 84 114 Transitional provision with respect to existing licensed children's services—standard services (1) A licensed children's service that was operating as a children's service other than a restricted service immediately before the commencement day is taken on the commencement day to be a licensed standard service. (2) A licensee of a children's service that is taken under subregulation (1) to be a licensed standard service may request a change in licence type. (3) A request under subregulation (2) must be submitted to the Secretary in writing by 31 December 2009 and specify the licence type requested. (4) The Secretary must give notice in writing to the licensee of his or her decision regarding a request under subregulation (2) within 30 days after receiving the request or, if the Secretary requests further information from the licensee, within 30 days after receiving that information. (5) A decision by the Secretary to change the licence type takes effect 7 days from the date of the written notification to the licensee. (6) Regulations 10 and 53 do not apply until 1 January 2010 to a children's service that is taken under subregulation (1) to be a licensed standard service if the children's service complies with regulations 7 and 24 of the 1998 Regulations and any licence conditions in effect on 24 May 2009. (7) Despite subregulation (6), if a licensee of a children's service has submitted a request to the Secretary in accordance with subregulations (2) and (3) before 31 December 2009, regulations 10 and 53 do not apply until the time that the requested new licence type becomes effective, if the children's service complies with regulations 7 r. 114 -- 93 of 183 -- Part 9—Transitional and Saving Provisions Children's Services Regulations 2009 S.R. No. 53/2009 85 and 24 of the 1998 Regulations and any licence conditions in effect on 24 May 2009. 115 Transitional provisions for existing licensed children's services—restricted hours services (1) A children's service that immediately before the commencement day was a restricted children's service licensed under the old Act provisions is taken on the commencement day to be a licensed limited hours Type 2 service. (2) A licensee of a children's service that is taken under subregulation (1) to be a licensed limited hours Type 2 service may request a change in licence type. (3) A request under subregulation (2) must be submitted to the Secretary in writing by 31 December 2009 and specify the licence type requested. (4) The Secretary must give notice in writing to the licensee of his or her decision regarding a request under subregulation (2) within 30 days after receiving the request or, if the Secretary requests further information from the licensee, within 30 days after receiving that information. (5) A decision by the Secretary to change the licence type takes effect 7 days from the date of the written notification to the licensee. (6) Regulations 10, 11 and 55(2) do not apply until 1 January 2010 to a children's service that is taken under subregulation (1) to be a licensed limited hours Type 2 service if the children's service complies with regulations 7 and 24 of the 1998 Regulations and any other licensing conditions in effect on 24 May 2009. r. 115 -- 94 of 183 -- Part 9—Transitional and Saving Provisions Children's Services Regulations 2009 S.R. No. 53/2009 86 (7) Despite subregulation (6), if a licensee of a children's service has submitted a request to the Secretary in accordance with subregulations (2) and (3) before 31 December 2009, regulations 10, 11 and 55(2) do not apply until the time that the requested new licence type becomes effective, if the children's service complies with regulations 7 and 24 of the 1998 Regulations and any other licensing conditions in effect on 24 May 2009. 116 Transitional provisions to merge licences into an integrated licence (1) A licensee with 2 or more children's services that were licensed as children's services under the old Act provisions and that are operated at the same location may request to merge the licences into an integrated licence. (2) A request under subregulation (1) must be submitted to the Secretary in writing by 31 December 2009 and specify the licences to be merged. (3) The Secretary must give notice in writing to the licensee of his or her decision within 30 days after receiving the request or, if the Secretary requests further information from the licensee, within 30 days after receiving that information. (4) A decision by the Secretary to merge the licences into an integrated licence takes effect 7 days from the date of the written notification to the licensee. (5) If the Secretary grants a request to merge 2 or more licences into an integrated licence, the merged licence will remain in force until the first expiry date of the licences which were issued under the old Act provisions. r. 116 -- 95 of 183 -- Part 9—Transitional and Saving Provisions Children's Services Regulations 2009 S.R. No. 53/2009 87 Division 5—Training and staffing 117 Transitional provision with respect to teaching staff members Regulation 52 does not apply until 1 January 2014 in respect of a children's service— (a) that is an existing licensed children's service; or (b) for which a licence was issued on or after the commencement day to an existing applicant in respect of the children's service. 118 Transitional provisions with respect to minimum training (1) Regulation 60 does not apply until 1 January 2012 in respect of a staff member of a children's service (other than a family day care service or outside school hours care service) who was such a staff member on the commencement day and— (a) had been employed full-time and continuously as a staff member at a licensed children's service for a period of at least 5 years immediately preceding the commencement day; or (b) had been employed 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 the commencement day. (2) Regulation 60 does not apply on or after 1 January 2012 in respect of a staff member referred to in subregulation (1) who by that date completes a professional development course approved by the Secretary. r. 117 -- 96 of 183 -- Part 9—Transitional and Saving Provisions Children's Services Regulations 2009 S.R. No. 53/2009 88 (3) Subject to subregulation (4), regulation 60 does not apply until 1 January 2014 in respect of a children's service— (a) that is an existing licensed children's service; or (b) for which a licence was issued on or after the commencement day to an existing applicant in respect of the children's service. (4) The proprietor of a children's service referred to in subregulation (3) that is a limited hours Type 1 service must ensure that all staff members other than a staff member referred to in subregulations (1) and (2)— (a) hold a Certificate III in Children's Services; or (b) have before 1 January 2010 commenced a Certificate III in Children's Services and completed it within 12 months of commencing it. 119 Transitional provision with respect to minimum training—outside school hours care services (1) Regulation 60 does not apply until 1 January 2012 in respect of a staff member of an outside school hours care service who was such a staff member on the commencement day and— (a) had been employed full-time and continuously as a staff member at an outside school hours care service for a period of at least 5 years immediately preceding the commencement day; or (b) had been employed at least part-time and continuously as a staff member at an outside school hours care service for a period of at least 10 years immediately preceding the commencement day. r. 119 -- 97 of 183 -- Part 9—Transitional and Saving Provisions Children's Services Regulations 2009 S.R. No. 53/2009 89 (2) Regulation 60 does not apply on or after 1 January 2012 in respect of a staff member referred to in subregulation (1) who by that date completes a professional development course approved by the Secretary. (3) Regulation 60 does not apply until 1 January 2014 in respect of any other staff member of an outside school hours care service. 120 Transitional provision with respect to minimum training—family day care services (1) Regulation 61 does not apply until 1 January 2012 in respect of a family day carer who was a family day carer on the commencement day and— (a) had been employed full-time and continuously as a family day carer for a period of at least 5 years immediately preceding the commencement day; or (b) had been employed at least part-time and continuously as a family day carer for a period of at least 10 years immediately preceding the commencement day. (2) Regulation 61 does not apply on or after 1 January 2012 in respect of a family day carer referred to in subregulation (1) who by that date completes a professional development course approved by the Secretary. (3) Regulation 61 does not apply until 1 January 2012 in respect of any other family day carer. 121 Transitional provisions with respect to child/staff ratios (1) The requirement under regulation 53 for a standard service to have a staff member to child ratio of 1 staff member for every 4 children aged under 3 years does not apply until 1 January 2012 in respect of— r. 120 -- 98 of 183 -- Part 9—Transitional and Saving Provisions Children's Services Regulations 2009 S.R. No. 53/2009 90 (a) an existing licensed children's service; or (b) a children's service for which a licence is issued after the commencement day to an existing applicant for that licence— if the children's service operates with a staff member to child ratio of at least 1 staff member for every 5 children aged under 3 years. (2) The requirement under regulation 53 for a standard service to have a qualified staff member to child ratio of 1 qualified staff member for every 12 children aged under 3 years does not apply until 1 January 2012 in respect of— (a) an existing licensed children's service; or (b) a children's service for which a licence is issued after the commencement day to an existing applicant for that licence— if the children's service operates with a qualified staff member to child ratio of at least 1 qualified staff member for every 15 children aged under 3 years. 122 Transitional provisions for first aid training (1) Until all staff members and family day carers have been trained pursuant to regulation 63(1) or 64(1), as the case requires, the proprietor of a children's service must ensure that at least 1 staff member or family day carer on duty whenever children are being cared for or educated by the children's service has the requisite training referred to in regulation 63(2) or 64(2). (2) The required training in cardio-pulmonary resuscitation under regulation 65 does not apply in respect of a staff member or family day carer until the date that staff member or family day carer undertakes the training referred to in regulation 63(1) or 64(1) as the case requires. r. 122 -- 99 of 183 -- Part 9—Transitional and Saving Provisions Children's Services Regulations 2009 S.R. No. 53/2009 91 123 Transitional provision for minimum ages of staff members The minimum age requirement of 18 years for a staff member does not apply until 1 January 2012 in respect of any staff member who, on 24 May 2009, was employed, appointed or engaged to be responsible for the care or education of children— (a) at a children's service that was licensed as a children's service under the old Act provisions; or (b) at a children's service for which a licence is issued after the commencement day to an existing applicant for that licence. Division 6—Miscellaneous 124 Saving provision for outside school hours care service Despite regulation 13(1), an outside school hours care service that cared for up to 4 children who were not school children before the commencement day may continue to care for up to 4 children who are not school children until 1 January 2010. 125 Secretary may approve professional development courses The Secretary may by notice in the Government Gazette approve a professional development course for the purposes of Division 5. __________________ r. 123 -- 100 of 183 -- Children's Services Regulations 2009 S.R. No. 53/2009 92 SCHEDULES SCHEDULE 1 PRESCRIBED INFORMATION PART 1—INTERPRETATION 1 Definitions (1) In this Schedule— accepted nominee means a person who is an accepted nominee by application of section 23 of the Act; building permit means a building permit issued under Part 3 of the Building Act 1993 on or after 1 August 1997; certificate of final inspection means a certificate of final inspection issued under Part 4 of the Building Act 1993 on or after 1 August 1997; charges and convictions declaration means a declaration referred to in clause 2; company means a company within the meaning of the Corporations Act; control declaration, in relation to an applicant that is a body corporate, means a declaration referred to in clause 3; financial declaration means— (a) in relation to a natural person, a declaration made by the person about his or her financial background including whether or not the person is Sch. 1 -- 101 of 183 -- Children's Services Regulations 2009 S.R. No. 53/2009 93 or has been declared bankrupt or insolvent; or (b) in relation to a body corporate, means a declaration signed by a director or officer of the body corporate about the ability of the body corporate to meet its debts; health declaration means a declaration made by a person indicating whether he or she believes on reasonable grounds that he or she has not suffered and does not currently suffer from any mental or physical condition that may impair his or her ability to operate, exercise control over, or manage or control a children's service; identity statement means a statement referred to in clause 4; occupancy permit means an occupancy permit issued under Part 5 of the Building Act 1993 on or after 1 August 1997; planning permit, in relation to a children's service, means a planning permit or certificate of compliance granted under the Planning and Environment Act 1987 for the land or premises where the children's service is to operate or is operating; proposed accepted nominee, in relation to an application under the Act, means a nominee in respect of whom the applicant has made— (a) a declaration under section 18(b)(iii) of the Act; and (b) a proposed accepted nominee declaration; proposed accepted nominee declaration means a declaration referred to in clause 6; Sch. 1 -- 102 of 183 -- Children's Services Regulations 2009 S.R. No. 53/2009 94 referee statement means a statement referred to in clause 5; registered school has the same meaning as in the Education and Training Reform Act 2006; soil assessment means an analysis of soil conducted by an environmental consultant, environmental consulting firm, or environmental auditor for the purposes of determining— (a) the nature, extent and levels of contamination; and (b) the actual or potential risk to human health resulting from that contamination. 2 Charges and convictions declaration (1) In this Schedule a charges and convictions declaration is a declaration made by a person in the 6 months before an application by the person under the Act stating— (a) whether the person has been charged with an offence in any Australian jurisdiction, or in any other jurisdiction, and found guilty; and (b) whether, at the time of making the declaration, the person was the subject of a charge pending for an offence in any Australian jurisdiction, or in any other jurisdiction; and (c) the details of any charges or findings of guilt referred to in paragraphs (a) and (b). (2) In this clause offence does not include parking infringements. Sch. 1 -- 103 of 183 -- Children's Services Regulations 2009 S.R. No. 53/2009 95 3 Control declaration (1) In this Schedule, a control declaration, in relation to a body corporate that is an applicant under the Act is a declaration that is signed and sealed on behalf of the body corporate in accordance with its constitution indicating a resolution of the body corporate stating— (a) the directors or officers who exercise or may exercise control over the operation of the children's service; and (b) the full name of any other person who exercises or may exercise control over the operation of the children's service. (2) In this clause, constitution of a body corporate includes— (a) rules or articles of association of the body corporate; or (b) the Act or regulations under which the body corporate is constituted (including an Act or regulations of the Commonwealth). 4 Identity statement In this Schedule, an identity statement means a statement made by a person that— (a) includes the person's full name and date of birth; and (b) provides adequate information to establish the identity of the person making the statement; and (c) is witnessed by another person over the age of 18 years who does not have an interest in the application for which the statement has been made. Sch. 1 -- 104 of 183 -- Children's Services Regulations 2009 S.R. No. 53/2009 96 5 Referee statement In this Schedule, a referee statement is a statement made by a natural person who is over the age of 18 years (the referee) about another person indicating— (a) the name and address of the person to whom the statement relates; and (b) the name, postal address, email address, and telephone and facsimile numbers of the referee; and (c) the referee's relationship to the person to whom the statement relates; and (d) whether the person to whom the statement relates is of good repute having regard to his or her character, honesty and integrity; and (e) whether the person to whom the statement relates is of a sound financial reputation and stable financial background; and (f) whether the person to whom the statement relates has— (i) in the case of a person who is to operate a children's service, the appropriate knowledge, ability and experience to operate a children's service; or (ii) in the case of a director or officer of a body corporate, the appropriate knowledge, ability and experience to exercise control over a children's service; or (iii) in the case of a nominee, the appropriate knowledge, ability and experience to manage or control a children's service in the absence of the licensee. Sch. 1 -- 105 of 183 -- Children's Services Regulations 2009 S.R. No. 53/2009 97 6 Proposed accepted nominee declaration In this Schedule, a proposed accepted nominee declaration is a declaration by an applicant about a nominee that states— (a) the applicant nominates the nominee for acceptance as an accepted nominee under section 23 of the Act; and (b) the applicant has made a declaration under section 18(b)(iii) of the Act in respect of the nominee; and (c) any of the following— (i) that the applicant will attend and manage or control the children's service on a daily basis; or (ii) if the applicant is a body corporate, that at least one of the directors of the body corporate will attend and manage or control the children's service on a daily basis; or (iii) that the nominee will not be the primary nominee. __________________ Sch. 1 -- 106 of 183 -- Children's Services Regulations 2009 S.R. No. 53/2009 98 PART 2—APPLICATION FOR APPROVAL OF PREMISES Division 1—Applications for use of particular premises or to construct premises 7 Standard children's services The following information is required for an application for approval of the use of particular premises for operating a standard children's service or for premises proposed to be constructed for use in operating a standard children's service— (a) the full name and postal address of the person applying for the approval of premises; (b) the name, postal address, email address and telephone and facsimile numbers of the contact person for the purposes of the application; (c) the proposed children's service's name (if known), street address (including number) and the municipal district in which the service is to be located; (d) the types of services proposed to be provided by the children's service and the proposed ages of children to be cared for or educated by the children's service; (e) the number of places for children proposed to be provided by the service; (f) a site plan; (g) a diagram drawn by a building practitioner of the proposed indoor and outdoor spaces that will be used by the service, which must include any varying configurations of those spaces that might be used from time to time; Sch. 1 -- 107 of 183 -- Children's Services Regulations 2009 S.R. No. 53/2009 99 (h) a detailed floor plan containing room numbers for all children's rooms and numbered outdoor spaces for all outdoor space that will be used by the service, if that information is not provided in the diagram required by paragraph (g); (i) calculations carried out by a building practitioner of the areas referred to in regulations 96 and 97, relating to the floor area of children's rooms and outdoor space; (j) the elevation plans of the premises; (k) a soil assessment for the premises or the site at which the premises will be constructed, if— (i) a soil assessment has not previously been undertaken at the premises or site or the assessment report is not available to the Secretary; or (ii) the premises or site had been used for a purpose other than a children's service in the previous 5 years; (l) a copy of the planning permit, if the application is for the approval of premises proposed to be constructed for use in operating a children's service or if a planning permit is otherwise required by or under the Planning and Environment Act 1987; (m) a copy of the building permit, if the application is for the approval of premises proposed to be constructed for use in operating a children's service or if a building permit is otherwise required by or under the Building Act 1993; Sch. 1 -- 108 of 183 -- Children's Services Regulations 2009 S.R. No. 53/2009 100 (n) a copy of an occupancy permit, certificate of final inspection or building surveyor's statement, where applicable, if the application is for an approval of the use of particular premises for operating a children's service; (o) the date that the premises will be ready for inspection by the Department. 8 Outside school hours care services The following information is required for an application for approval of the use of particular premises for operating an outside school hours care service or for premises proposed to be constructed for use in operating an outside school hours care service— (a) the full name and postal address of the person applying for the approval of premises; (b) the name, postal address, email address and telephone and facsimile numbers of the contact person for the purposes of the application; (c) the proposed children's service's name (if known), street address (including number) and the municipal district in which the service is to be located; (d) the types of services proposed to be provided by the children's service and the proposed ages of children to be cared for or educated by the children's service; (e) the number of places for children proposed to be provided by the service. Sch. 1 -- 109 of 183 -- Children's Services Regulations 2009 S.R. No. 53/2009 101 9 Additional information for outside school hours care services at locations other than registered schools If the outside school hours care service is to be provided in a location other than a registered school, the following information is required in addition to that set out in clause 8— (a) a site plan; (b) the following information regarding indoor spaces and any outdoor spaces, or outdoor space equivalents, that will be included as part of the premises of the children's service— (i) a diagram drawn by a building practitioner of the proposed spaces that will be used by the service, including— (A) the location of toilet and washing facilities and food preparation facilities; and (B) any varying configurations of those spaces that might be used from time to time; (ii) a detailed floor plan containing room numbers for all children's rooms and numbered outdoor spaces for all outdoor spaces, or outdoor space equivalents, that will be used by the service, if that information is not provided in the diagram required in subparagraph (i); (iii) calculations carried out by a building practitioner of the areas referred to in regulations 96 and 98, relating to the floor area of children's rooms and outdoor space; (iv) the elevation plans of the premises; Sch. 1 -- 110 of 183 -- Children's Services Regulations 2009 S.R. No. 53/2009 102 (v) a soil assessment for the premises or the site at which the premises will be constructed, if— (A) a soil assessment has not previously been undertaken at the premises or site or the assessment report is not available to the Secretary; or (B) the premises or site had been used for a purpose other than a children's service in the previous 5 years; (c) the following information regarding outdoor spaces, or outdoor space equivalents, that will not be included in the premises of the children's service— (i) a brief description or diagram of where the outdoor space, or outdoor space equivalent, is located; (ii) a declaration that the outdoor space, or outdoor space equivalent, complies with regulation 98; (d) a copy of the planning permit, if the application is for the approval of premises proposed to be constructed for use in operating a children's service or if a planning permit is otherwise required by or under the Planning and Environment Act 1987; (e) a copy of the building permit, if the application is for the approval of premises proposed to be constructed for use in operating a children's service or if a building permit is otherwise required by or under the Building Act 1993; Sch. 1 -- 111 of 183 -- Children's Services Regulations 2009 S.R. No. 53/2009 103 (f) a copy of an occupancy permit, certificate of final inspection or building surveyor's statement, where applicable, if the application is for an approval of the use of particular premises for operating a children's service; (g) the date that the premises will be ready for inspection by the Department. 10 Additional information for outside school hours care services in registered schools If the outside school hours care service is to be provided in a registered school, the following information and documents are required in addition to those set out in clause 8— (a) the name of the registered school and the school's registration number; (b) the following information regarding indoor spaces and any outdoor spaces, or outdoor space equivalents, that will be included as part of the premises of the children's service— (i) a site plan or diagram of the proposed spaces that will be used by the service, which must include any varying configurations of those spaces that might be used from time to time; (ii) a detailed floor plan containing room numbers for all children's rooms and numbered outdoor spaces for all outdoor spaces, or outdoor space equivalents, that will be used by the service, if that information is not provided in the site plan or diagram required in subparagraph (i); Sch. 1 -- 112 of 183 -- Children's Services Regulations 2009 S.R. No. 53/2009 104 (iii) calculations of the areas referred to in regulations 96 and 98, relating to the floor area of children's rooms and outdoor space; Note The diagram and calculations in paragraphs (b)(ii) and (b)(iii) are not required to be carried out by a building practitioner. (c) the following information regarding outdoor spaces, or outdoor space equivalents, that will not be included in the premises of the children's service— (i) a brief description or diagram of where the outdoor space, or outdoor space equivalent, is located; (ii) a declaration that the outdoor space, or outdoor space equivalent, complies with regulation 98; (d) the date that the premises will be ready for inspection by the Department. 11 Limited hours services The following information is required for an application for approval of the use of particular premises for operating a limited hours service or for premises proposed to be constructed for use in operating a limited hours service— (a) the full name and postal address of the person applying for the approval of premises; (b) the name, postal address, email address and telephone and facsimile numbers of the contact person for the purposes of the application; Sch. 1 -- 113 of 183 -- Children's Services Regulations 2009 S.R. No. 53/2009 105 (c) the proposed children's service's name (if known), street address (including number) and the municipal district in which the service is to be located; (d) the types of services proposed to be provided by the children's service and the proposed ages of children to be cared for or educated by the children's service; (e) the number of places for children proposed to be provided by the service; (f) a site plan; (g) a diagram drawn by a building practitioner of the proposed indoor and, if any will be provided, outdoor spaces that will be used by the service, which must include any varying configurations of those spaces that might be used from time to time; (h) a detailed floor plan containing room numbers for all children's rooms and numbered outdoor spaces for all outdoor space, if any, that will be used by the service, if that information is not provided in the diagram required in paragraph (g); (i) a calculation carried out by a building practitioner of the areas referred to in regulation 96, relating to the floor area of children's rooms; (j) if outdoor space will be used or provided, the usable area or dimensions of that space; (k) the elevation plans of the premises; (l) a soil assessment for the premises or the site at which the premises will be constructed, if— Sch. 1 -- 114 of 183 -- Children's Services Regulations 2009 S.R. No. 53/2009 106 (i) a soil assessment has not previously been undertaken at the premises or site or the assessment report is not available to the Secretary; or (ii) the premises or site had been used for a purpose other than a children's service in the previous 5 years; (m) a copy of the planning permit, if the application is for the approval of premises proposed to be constructed for use in operating a children's service or if a planning permit is otherwise required by or under the Planning and Environment Act 1987; (n) a copy of the building permit, if the application is for the approval of premises proposed to be constructed for use in operating a children's service or if a building permit is otherwise required by or under the Building Act 1993; (o) a copy of an occupancy permit, certificate of final inspection or building surveyor's statement, where applicable, if the application is for an approval of the use of particular premises for operating a children's service; (p) the date that the premises will be ready for inspection by the Department. 12 Short term services The following information is required for an application for approval of the use of particular premises for operating a short term service or for premises proposed to be constructed for use in operating a short term service— (a) the full name and postal address of the person applying for the approval of premises; Sch. 1 -- 115 of 183 -- Children's Services Regulations 2009 S.R. No. 53/2009 107 (b) the name, postal address, email address and telephone and facsimile numbers of the contact person for the purposes of the application; (c) the proposed children's service's name (if known), street address (including number) and the municipal district in which the service is to be located; (d) the types of services proposed to be provided by the children's service and the proposed ages of children to be cared for or educated by the children's service; (e) the number of places for children proposed to be provided by the service; (f) a site plan; (g) a diagram of defined indoor and outdoor spaces, if any, that will be used by the service, which must— (i) include any varying configurations of those spaces that might be used from time to time; and (ii) in the case of premises to be used or constructed for the purposes of a short term Type 1 service, be drawn by a building practitioner; (h) a detailed floor plan containing room numbers for all children's rooms and numbered outdoor spaces for all outdoor space, if any, that will be used by the service, if that information is not provided in the diagram required in paragraph (g); Sch. 1 -- 116 of 183 -- Children's Services Regulations 2009 S.R. No. 53/2009 108 (i) calculations of the areas referred to in regulation 96, relating to the floor area of children's rooms, which in the case of premises to be used or constructed for purposes of a short term Type 1 service, must be carried out by a building practitioner; Note In the case of an application for an approval of premises to be used or constructed for purposes of a short term Type 2 service, the diagram and calculations in paragraphs (g) and (i) are not required to be carried out by a building practitioner. (j) if outdoor space will be used or provided, the usable area or dimensions of that space; (k) a copy of the planning permit, if the application is for the approval of premises proposed to be constructed for use in operating a children's service or if a planning permit is otherwise required by or under the Planning and Environment Act 1987; (l) a copy of the building permit, if the application is for the approval of premises proposed to be constructed for use in operating a children's service or if a building permit is otherwise required by or under the Building Act 1993; (m) a copy of the occupancy permit, certificate of final inspection or building surveyor's statement, where applicable, if the application is for an approval of the use of particular premises for operating a children's service; (n) the date that the premises will be ready for inspection by the Department. Sch. 1 -- 117 of 183 -- Children's Services Regulations 2009 S.R. No. 53/2009 109 13 Integrated services (1) The following information is required for an application for approval of the use of particular premises for operating an integrated service or for premises proposed to be constructed for use in operating an integrated service— (a) if the children's service will provide a standard service component, the prescribed information required in clause 7, for that service component; (b) if the children's service will provide an outside school hours care service component, the prescribed information required in clauses 8 to 10, for that service component; (c) if the children's service will provide a limited hours service component, the prescribed information required in clause 11 for that service component; (d) the total number of places for children proposed to be provided by the service. (2) Despite subclauses (1)(a) to (1)(c), an applicant for an integrated service need not provide duplicate information or duplicate copies of documents such as, for example, multiple site plans or multiple statements indicating address and contact information. Division 2—Applications for approval of alterations or extensions to premises 14 Children's services other than family day care services The following information is required for an application for approval of alterations or extensions to premises used or proposed to be Sch. 1 -- 118 of 183 -- Children's Services Regulations 2009 S.R. No. 53/2009 110 used for a children's service, other than a family day care service— (a) the previously granted approval of premises number (if any); (b) the full name and postal address of the holder of the certificate of approval of premises; (c) the name, postal address, email address and telephone and facsimile numbers of the contact person for the purposes of the application; (d) the children's service's name, street address (including number) and the municipal district in which the children's service is located, and the postal address, and, if available, email address and telephone and facsimile numbers of the children's service; (e) the types of services that are or will be provided by the children's service and the number and ages of children that are or will be cared for or educated by the children's service; (f) a brief description of the proposed alterations or extensions; (g) the following documents if relevant, and to the extent relevant, to the alterations or extensions proposed— (i) a site plan, showing both the current approved premises and the proposed alterations and extensions; (ii) a diagram of the indoor and outdoor spaces, if any, that will be used by the service (including the location of toilet and washing facilities and any food preparation facilities), which must— Sch. 1 -- 119 of 183 -- Children's Services Regulations 2009 S.R. No. 53/2009 111 (A) include any varying configurations of those spaces that might be used from time to time; and (B) show both the current approved premises and the proposed alterations and extensions; and (C) except in the case of an outside school hours care service operating in a registered school and outdoor spaces or outdoor space equivalents not included in the premises of an outside school hours care service, be drawn by a building practitioner; (iii) a detailed floor plan containing room numbers for all children's rooms and numbered outdoor spaces for all outdoor spaces or, in the case of outside school hours care services, outdoor space equivalents, that will be used by the service, showing both the current approved premises and the proposed alterations and extensions; (iv) calculations of the areas referred to in regulations 96 to 98, relating to the floor area of children's rooms and outdoor space that shows both the current premises and the proposed alterations and extensions, carried out by, except in the case of an outside school hours care service operating in a registered school, a building practitioner; Sch. 1 -- 120 of 183 -- Children's Services Regulations 2009 S.R. No. 53/2009 112 (v) the elevation plans of the premises showing both the current licensed premises and the proposed alterations and extensions; (vi) a soil assessment, if the following criteria are met— (A) the proposed alterations or extensions require earthworks or excavations exceeding a depth of 1 metre; (B) the earthworks or excavations will occur in an area that is used for children's outdoor play or will be used for children's outdoor play after the work is completed; and (C) a soil assessment has not previously been undertaken at the site of the proposed alterations or extensions, or that assessment report is not available to the Secretary; (vii) a copy of the planning permit for the proposed alterations or extensions, if required by or under the Planning and Environment Act 1987; (viii) a copy of the building permit for the proposed alterations or extensions, if required by or under the Building Act 1993; (ix) the date that the premises will be ready for inspection by the Department. __________________ Sch. 1 -- 121 of 183 -- Children's Services Regulations 2009 S.R. No. 53/2009 113 PART 3—APPLICATION FOR LICENCE TO OPERATE A CHILDREN'S SERVICE 15 Children's services other than integrated services or family day care services The following information and documents are required for an application for a licence to operate a children's service, other than an integrated service or a family day care service— (a) the full name and postal address of the applicant; (b) if the applicant is a natural person, an identity statement regarding the applicant; (c) the name, postal address, email address and telephone and facsimile numbers of the contact person for the purposes of the application; (d) the proposed children's service's name, street address (including number) and the municipal district in which the service is to be located, and the postal address, and, if available, email address and telephone and facsimile numbers of the children's service; (e) the type of licence sought; (f) the licence period sought; (g) a copy of the current certificate of approval for the premises where the service will operate; (h) either a declaration that there have been no material changes with respect to the design or location of the premises where the service will operate since the most recent approval of premises was granted or, if material Sch. 1 -- 122 of 183 -- Children's Services Regulations 2009 S.R. No. 53/2009 114 changes have been made, the details of those changes; (i) the proposed hours and days of operation of the children's service, and the proposed number and ages of children to be cared for or educated by the children's service; (j) if any proposed nominee is to be a proposed accepted nominee, a proposed accepted nominee declaration; (k) if the applicant is a body corporate, an identity statement in relation to any director or officer of the body corporate who may exercise control over the operation of the children's service; (l) the following information and documents regarding any proposed nominee— (i) full name, former name (if any), date of birth and postal address; (ii) an identity statement (except in the case of a proposed accepted nominee); (iii) in respect of each nominee (other than a proposed accepted nominee) either a declaration that the nominee has been determined by the Secretary, within the previous 5 years, to be a fit and proper person or the information and documents required in Part 11 to demonstrate that the nominee is a fit and proper person; (m) in relation to the applicant, either— (i) a declaration that the applicant has been determined by the Secretary, within the previous 5 years, to be a fit and proper person to operate a children's service; or Sch. 1 -- 123 of 183 -- Children's Services Regulations 2009 S.R. No. 53/2009 115 (ii) the information and documents required in Part 11 to demonstrate that the applicant is a fit and proper person to operate a children's service; (n) if the applicant is a body corporate, for each director or other officer of the body corporate who exercises or may exercise control over the operation of the children's service either— (i) a declaration that the director or officer has been determined by the Secretary, within the previous 5 years, to be a fit and proper person; or (ii) the information and documents required in Part 11 to demonstrate that the director or officer is a fit and proper person; (o) an outline of the educational or recreational programs that will be provided for the children. Note Section 18(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; • 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; • 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; Sch. 1 -- 124 of 183 -- Children's Services Regulations 2009 S.R. No. 53/2009 116 • 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. 16 Integrated services The following information and documents are required for an application for a licence to operate an integrated service— (a) the full name and postal address of the applicant; (b) if the applicant is a natural person, an identity statement regarding the applicant; (c) the name, postal address, email address and telephone and facsimile numbers of the contact person for the purposes of the application; (d) the proposed children's service's name, street address (including number) and the municipal district in which the service is to be located, and the postal address, and, if available, email address and telephone and facsimile numbers of the children's service; (e) the licence period sought; (f) a copy of the current certificate of approval for the premises where the service will operate; (g) either a declaration that there have been no material changes with respect to the design or location of the premises where the service will operate since the most recent approval of premises was granted or, if material changes have been made, the details of those changes; Sch. 1 -- 125 of 183 -- Children's Services Regulations 2009 S.R. No. 53/2009 117 (h) the types of services to be provided by the children's service, specifying for each type— (i) the proposed hours and days of operation; and (ii) the proposed number and ages of children to be cared for or educated by the children's service; (i) if any proposed nominee is to be a proposed accepted nominee, a proposed accepted nominee declaration; (j) if the applicant is a body corporate, an identity statement in relation to any director or officer of the body corporate who may exercise control over the operation of the children's service; (k) the following information and documents regarding any proposed nominee— (i) full name, former name (if any), date of birth and postal address; (ii) an identity statement (except in the case of a proposed accepted nominee); (iii) in respect of each nominee (other than a proposed accepted nominee) either a declaration that the nominee has been determined by the Secretary, within the previous 5 years, to be a fit and proper person or the information and documents required in Part 11 to demonstrate that the nominee is a fit and proper person; (l) in relation to the applicant, either— (i) a declaration that the applicant has been determined by the Secretary, within the previous 5 years, to be a fit and proper Sch. 1 -- 126 of 183 -- Children's Services Regulations 2009 S.R. No. 53/2009 118 person to operate a children's service; or (ii) the information and documents required in Part 11 to demonstrate that the applicant is a fit and proper person to operate a children's service; (m) if the applicant is a body corporate, for each director or other officer of the body corporate who exercises or may exercise control over the operation of the children's service either— (i) a declaration that the director or officer has been determined by the Secretary, within the previous 5 years, to be a fit and proper person; or (ii) the information and documents required in Part 11 to demonstrate that the director or officer is a fit and proper person; (n) for each type of service, an outline of the educational or recreational programs that will be provided for the children. Note Section 18(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; • 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; • 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; Sch. 1 -- 127 of 183 -- Children's Services Regulations 2009 S.R. No. 53/2009 119 • 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. 17 Family day care services The following information and documents are required for an application for a licence to operate a family day care service— (a) the full name and postal address of the applicant; (b) if the applicant is a natural person, an identity statement regarding the applicant; (c) the name, postal address, email address and telephone and facsimile numbers of the contact person for the purposes of the application; (d) the proposed family day care service's name, street address (including number) and the municipal district in which the principal office of the service is to be located, and the postal address, and, if available, email address and telephone and facsimile numbers of the service; (e) the licence period sought; (f) if the applicant is a body corporate, an identity statement in relation to any director or officer of the body corporate who may exercise control over the operation of the family day care service; (g) if any proposed nominee is to be a proposed accepted nominee, a proposed accepted nominee declaration; Sch. 1 -- 128 of 183 -- Children's Services Regulations 2009 S.R. No. 53/2009 120 (h) the following information and documents regarding any proposed nominee for the service— (i) full name, former name (if any), date of birth and postal address; (ii) an identity statement (except in the case of a proposed accepted nominee); (iii) in respect of each nominee (other than a proposed accepted nominee) either a declaration that the nominee has been determined by the Secretary, within the previous 5 years, to be a fit and proper person or the information and documents required in Part 11 to demonstrate that the nominee is a fit and proper person; (i) in relation to the applicant, either— (i) a declaration that the applicant has been determined by the Secretary, within the previous 5 years, to be a fit and proper person to operate a family day care service; or (ii) the information and documents required in Part 11 to demonstrate that the applicant is a fit and proper person to operate a family day care service; (j) if the applicant is a body corporate, for each director or other officer of the body corporate who exercises or may exercise control over the operation of the family day care service either— (i) a declaration that the director or officer has been determined by the Secretary, within the previous 5 years, to be a fit and proper person; or Sch. 1 -- 129 of 183 -- Children's Services Regulations 2009 S.R. No. 53/2009 121 (ii) the information and documents required in Part 11 to demonstrate that the director or officer is a fit and proper person; (k) a statement of the process proposed to be used by the family day care service to— (i) monitor and supervise the family day carers engaged by the family day care service; and (ii) provide training and information to the family day carers engaged by the family day care service; and (iii) assess a family day care venue; (l) the following information regarding each family day carer engaged by the proposed family day care service— (i) the full name and date of birth; (ii) the contact telephone number; (iii) the street address (including number) and municipal district of the premises where the family day carer will be providing care or education to children, indicating whether the premises is the primary residence of the family day carer or a family day care venue; (iv) the days and hours in which the family day carer will be providing care or education to children; (m) declarations that the family day care service has— (i) approved each family day carer engaged by the service and each primary residence where care or education is being provided by a family Sch. 1 -- 130 of 183 -- Children's Services Regulations 2009 S.R. No. 53/2009 122 day carer in accordance with the process proposed in the statement made under section 20(1)(c) of the Act; and Note Section 20(1)(c) of the Act provides that an application must include a statement of the process proposed to be used by the applicant to approve the family day carer and the family day carer's residence. (ii) put in place an anaphylaxis management policy that includes the matters contained in Schedule 3 and has trained its family day carers in accordance with that policy; (n) if the family day care service will have any family day carers operating from a family day care venue, a declaration— (i) that each family day care venue is safe and suitable for providing care or education for children; (ii) stating why the family day care venue is needed. Note Section 18(b) of the Act requires that an application for a licence to operate a children's service (including a family day care service) 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; • 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; • 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; Sch. 1 -- 131 of 183 -- Children's Services Regulations 2009 S.R. No. 53/2009 123 • 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. __________________ Sch. 1 -- 132 of 183 -- Children's Services Regulations 2009 S.R. No. 53/2009 124 PART 4—APPLICATIONS FOR APPROVAL OF NEW NOMINEES 18 Applications for approval of new nominees The following information is required for an application for approval of a new nominee for a children's service— (a) the children's service's licence number; (b) the full name and postal address of the licensee; (c) the name, postal address, email address and telephone and facsimile numbers of the contact person for the purposes of the application; (d) the children's service's name, street address (including number), municipal district, postal address, telephone and facsimile numbers, and email address; (e) if any proposed nominee is to be a proposed accepted nominee, a proposed accepted nominee declaration; (f) the following information regarding each proposed new nominee— (i) full name, former name (if any), date of birth and postal address; (ii) an identity statement, unless the new nominee is a proposed accepted nominee; (iii) unless the proposed new nominee is a proposed accepted nominee, either 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 the Sch. 1 -- 133 of 183 -- Children's Services Regulations 2009 S.R. No. 53/2009 125 information and documents required in Part 11 to demonstrate that the proposed new 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 licensee. __________________ Sch. 1 -- 134 of 183 -- Children's Services Regulations 2009 S.R. No. 53/2009 126 PART 5—APPLICATIONS FOR APPROVAL OF NEW FAMILY DAY CARE VENUES 19 Applications for approval of new family day care venues The following information is required for an application for approval of a new family day care venue— (a) the family day care service's licence number; (b) the full name and postal address of the licensee; (c) the name, postal address, email address and telephone and facsimile numbers of the contact person for the purposes of the application; (d) the family day care service's name, street address (including number), municipal district, postal address, telephone and facsimile numbers and email address; (e) the street address (including number) and municipal district of each proposed new family day care venue; (f) the days and hours that each proposed new family day care venue will be operating; (g) the name and telephone number of each family day carer who will be operating at each proposed new family day care venue; (h) the process used by the licensee to assess each proposed new family day care venue; (i) a declaration— (i) that each proposed new family day care venue is safe and suitable for providing care or education for children; Sch. 1 -- 135 of 183 -- Children's Services Regulations 2009 S.R. No. 53/2009 127 (ii) stating why the family day care venue is needed. __________________ Sch. 1 -- 136 of 183 -- Children's Services Regulations 2009 S.R. No. 53/2009 128 PART 6—APPLICATIONS FOR RENEWAL OF LICENCES Division 1—Licences other than licences to operate family day care services 20 Renewal of licences other than for family day care service The following information is required for an application to renew a licence to operate a children's service, other than a family day care service— (a) the children's service's licence number; (b) the full name and postal address of the licensee; (c) the name, postal address, email address and telephone and facsimile numbers of the contact person for the purposes of the renewal application; (d) the children's service's name, street address (including number), municipal district, postal address, telephone and facsimile numbers and email address; (e) the type of licence being renewed; (f) the renewal period sought; (g) either— (i) a declaration that there have been no material changes with respect to the design or location of the premises where the service will operate since the most recent approval of premises was granted or the licence was last renewed, whichever is sooner; or Sch. 1 -- 137 of 183 -- Children's Services Regulations 2009 S.R. No. 53/2009 129 (ii) if material changes have been made, the details of those changes; (h) the hours and days of operation of the children's service and the number and ages of children cared for or educated by the children's service; (i) if the application is for the renewal of an integrated licence, the types of services provided by the children's service, specifying for each type— (i) the hours and days of operation; and (ii) the number and ages of children cared for or educated; (j) with regard to the applicant for the licence renewal, the information contained in subparagraph (i), (ii) or (iii), whichever is applicable— (i) a declaration that the applicant has been determined by the Secretary, within the previous 5 years, to be a fit and proper person to operate a children's service; or (ii) if the Secretary has determined the applicant to be a fit and proper person more than 5 years previously, each of the following— (A) a current assessment notice or a copy of a current certificate of registration as a teacher issued under the Education and Training Reform Act 2006; (B) a criminal history notification issued within the 6 months preceding the application for the licence renewal; Sch. 1 -- 138 of 183 -- Children's Services Regulations 2009 S.R. No. 53/2009 130 (C) a declaration that the Secretary has previously determined that the applicant is a fit and proper person; (D) a declaration that there are no material changes to the information provided to the Secretary since the applicant's previous fit and proper determination; or (iii) the information and documents required in Part 11 to demonstrate that the applicant is a fit and proper person to operate a children's service; (k) if the applicant is a body corporate, the information and documents contained in subparagraph (i), (ii) or (iii), whichever is applicable, with regard to each director or other officer of the body corporate who exercises or may exercise control over the operation of the children's service— (i) a declaration that the director or officer has been determined by the Secretary, within the previous 5 years, to be a fit and proper person; or (ii) if the Secretary has determined the director or officer to be a fit and proper person more than 5 years previously, each of the following— (A) a current assessment notice or a copy of a current certificate of registration as a teacher issued under the Education and Training Reform Act 2006; Sch. 1 -- 139 of 183 -- Children's Services Regulations 2009 S.R. No. 53/2009 131 (B) a criminal history notification issued within the 6 months preceding the application for the licence renewal; (C) a declaration that the Secretary has previously determined that the director or officer is a fit and proper person; (D) a declaration that there are no material changes to the information provided to the Secretary since the director's or officer's previous fit and proper determination; or (iii) the information and documents required in Part 11 to demonstrate that the director or officer is a fit and proper person; (l) the information and documents contained in subparagraph (i), (ii) or (iii), whichever is applicable, with regard to any proposed nominee for the service (except for a proposed accepted nominee)— (i) a declaration that the nominee has been determined by the Secretary, within the previous 5 years, to be a fit and proper person; or (ii) if the Secretary has determined the nominee to be a fit and proper person more than 5 years previously, each of the following— (A) a current assessment notice or a copy of a current certificate of registration as a teacher issued under the Education and Training Reform Act 2006; Sch. 1 -- 140 of 183 -- Children's Services Regulations 2009 S.R. No. 53/2009 132 (B) a criminal history notification issued within the 6 months preceding the application for the licence renewal; (C) a declaration that the Secretary has previously determined that the nominee is a fit and proper person; (D) a declaration that there are no material changes to the information provided to the Secretary since the nominee's previous fit and proper person determination; or (iii) the information and documents required in Part 11 to demonstrate that the nominee is a fit and proper person. Division 2—Licences to operate family day care services 21 Renewal of licences to operate family day care service The following information is required for an application to renew a licence to operate a family day care service— (a) the family day care service's licence number; (b) the full name and postal address of the licensee; (c) the name, postal address, email address and telephone and facsimile numbers of the contact person for the purposes of the renewal application; (d) the family day care service's name, street address (including number), municipal district, postal address, telephone number and facsimile numbers and email address; Sch. 1 -- 141 of 183 -- Children's Services Regulations 2009 S.R. No. 53/2009 133 (e) the renewal period sought; (f) if any proposed nominee is to be a proposed accepted nominee, a proposed accepted nominee declaration; (g) with regard to the applicant for the licence renewal, the information and documents contained in subparagraph (i), (ii) or (iii), whichever is applicable— (i) a declaration that the applicant has been determined by the Secretary, within the previous 5 years, to be a fit and proper person to operate a children's service; or (ii) if the Secretary has determined the applicant to be a fit and proper person more than 5 years previously, each of the following— (A) a current assessment notice or a copy of a current certificate of registration as a teacher issued under the Education and Training Reform Act 2006; (B) a criminal history notification issued within the 6 months preceding the application for the licence renewal; (C) a declaration that the Secretary has previously determined that the applicant is a fit and proper person; (D) a declaration that there are no material changes to the information provided to the Secretary since the applicant's previous fit and proper determination; or Sch. 1 -- 142 of 183 -- Children's Services Regulations 2009 S.R. No. 53/2009 134 (iii) the information and documents required in Part 11 to demonstrate that the applicant is a fit and proper person to operate a children's service; (h) if the applicant is a body corporate, the information and documents contained in subparagraph (i), (ii) or (iii), whichever is applicable, with regard to each director or other officer of the body corporate who exercises or may exercise control over the operation of the family day care service— (i) a declaration that the director or officer has been determined by the Secretary, within the previous 5 years, to be a fit and proper person; or (ii) if the Secretary has determined the director or officer to be a fit and proper person more than 5 years previously, each of the following— (A) a current assessment notice or a copy of a current certificate of registration as a teacher issued under the Education and Training Reform Act 2006; (B) a criminal history notification issued within the 6 months preceding the application for the licence renewal; (C) a declaration that the Secretary has previously determined that the director or officer is a fit and proper person; (D) a declaration that there are no material changes to the information provided to the Secretary since the director's or Sch. 1 -- 143 of 183 -- Children's Services Regulations 2009 S.R. No. 53/2009 135 officer's previous fit and proper determination; or (iii) the information and documents required in Part 11 to demonstrate that the director or officer is a fit and proper person; (i) the following information and documents regarding any proposed nominee— (i) full name, former name (if any), date of birth and postal address; (ii) an identity statement (except in the case of a proposed accepted nominee); (j) the information and documents contained in subparagraph (i), (ii) or (iii), whichever is applicable, with regard to any proposed nominee (except for a proposed accepted nominee)— (i) a declaration that the nominee has been determined by the Secretary, within the previous 5 years, to be a fit and proper person; or (ii) if the Secretary has determined the nominee to be a fit and proper person more than 5 years previously, each of the following— (A) a current assessment notice or a copy of a current certificate of registration as a teacher issued under the Education and Training Reform Act 2006; (B) a criminal history notification issued within the 6 months preceding the application for the licence renewal; Sch. 1 -- 144 of 183 -- Children's Services Regulations 2009 S.R. No. 53/2009 136 (C) a declaration that the Secretary has previously determined that the nominee is a fit and proper person; (D) a declaration that there are no material changes to the information provided to the Secretary since the nominee's previous fit and proper person determination that would affect a new fit and proper determination; or (iii) the information and documents required in Part 11 to demonstrate that the nominee is a fit and proper person; (k) a current list of the names and dates of birth for each family day carer engaged by the family day care service; (l) a statement of the process used by the family day care service to approve— (i) a family day carer; and (ii) a family day carer's primary residence; (m) a statement of the process used by the family day care service to— (i) monitor and supervise the family day carers engaged by the family day care service; and (ii) provide training and information to the family day carers engaged by the family day care service; and (iii) assess a family day care venue; Sch. 1 -- 145 of 183 -- Children's Services Regulations 2009 S.R. No. 53/2009 137 (n) declarations that the family day care service has— (i) approved each family day carer engaged by the service in accordance with the process referred to in paragraph (l)(i); (ii) approved each primary residence where care or education is being provided by a family day carer in accordance with the process referred to in paragraph (l)(ii). __________________ Sch. 1 -- 146 of 183 -- Children's Services Regulations 2009 S.R. No. 53/2009 138 PART 7—APPLICATIONS FOR VARIATION OF LICENCES Division 1—Application to vary or revoke a condition or impose a new condition on a licence 22 Application to vary or revoke a condition or impose a new condition on a licence The following information is required for an application to vary or revoke a condition or restriction of, or impose a new condition or restriction on, a licence— (a) the children's service's licence number; (b) the full name and postal address of the licensee; (c) the name, postal address, email address and telephone and facsimile numbers of the contact person for the purposes of the application; (d) the children's service's name, street address (including number), municipal district, postal address, telephone and facsimile numbers and email address; (e) a list of the conditions and restrictions on the licence that are proposed to be varied, revoked or imposed; (f) if the applicant seeks to vary a condition or restriction, a specific description of the variation sought; (g) a statement indicating the reasons for seeking each variation, revocation or imposition of a condition or restriction sought; Sch. 1 -- 147 of 183 -- Children's Services Regulations 2009 S.R. No. 53/2009 139 (h) either— (i) a declaration that there have been no material changes with respect to the design or location of the premises where the service will operate since the most recent approval of premises was granted or the licence was granted or last renewed, whichever is sooner; or (ii) if material changes have been made, the details of those changes. Division 2—Application to vary period of licence 23 Application to vary period of licence The following information is required for an application to vary the period of a licence— (a) the children's service's licence number; (b) the full name and postal address of the licensee; (c) the name, postal address, email address and telephone and facsimile numbers of the contact person for the purposes of the application; (d) the children's service's name, street address (including number), municipal district, postal address, telephone and facsimile numbers and email address; (e) the new licence period sought; (f) a statement indicating the reasons for seeking to vary the period of the licence; (g) either— (i) a declaration that there have been no material changes with respect to the design or location of the premises Sch. 1 -- 148 of 183 -- Children's Services Regulations 2009 S.R. No. 53/2009 140 where the service will operate since the most recent approval of premises was granted or the licence was granted or last renewed, whichever is sooner; or (ii) if material changes have been made, the details of those changes; (h) with regard to the applicant for the licence variation, the information and documents contained in subparagraph (i), (ii) or (iii), whichever is applicable— (i) a declaration that the applicant has been determined by the Secretary, within the previous 5 years, to be a fit and proper person to operate a children's service; or (ii) if the Secretary has determined the applicant to be a fit and proper person more than 5 years previously, each of the following— (A) a current assessment notice or a copy of a current certificate of registration as a teacher issued under the Education and Training Reform Act 2006; (B) a criminal history notification issued within the 6 months preceding the application for the licence variation; (C) a declaration that the Secretary has previously determined that the applicant is a fit and proper person; Sch. 1 -- 149 of 183 -- Children's Services Regulations 2009 S.R. No. 53/2009 141 (D) a declaration that there are no material changes to the information provided to the Secretary since the applicant's previous fit and proper person determination; or (iii) the information and documents required in Part 11 to demonstrate that the applicant is a fit and proper person to operate a children's service; (i) if the applicant is a body corporate, the information and documents contained in subparagraph (i), (ii) or (iii), whichever is applicable, with regard to each director or other officer of the body corporate who exercises or may exercise control over the operation of the children's service— (i) a declaration that the director or officer has been determined by the Secretary, within the previous 5 years, to be a fit and proper person; or (ii) if the Secretary has determined the director or officer to be a fit and proper person more than 5 years previously, each of the following— (A) a current assessment notice or a copy of a current certificate of registration as a teacher issued under the Education and Training Reform Act 2006; (B) a criminal history notification issued within the 6 months preceding the application for the licence variation; Sch. 1 -- 150 of 183 -- Children's Services Regulations 2009 S.R. No. 53/2009 142 (C) a declaration that the Secretary has previously determined that the director or officer is a fit and proper person; (D) a declaration that there are no material changes to the information provided to the Secretary since the director's or officer's previous fit and proper person determination; or (iii) the information and documents required in Part 11 to demonstrate that the director or officer is a fit and proper person; (j) the information and documents contained in subparagraph (i), (ii) or (iii), whichever is applicable, with regard to any proposed nominee (except for proposed accepted nominees)— (i) a declaration that the nominee has been determined by the Secretary, within the previous 5 years, to be a fit and proper person; or (ii) if the Secretary has determined the nominee to be a fit and proper person more than 5 years previously, each of the following— (A) a current assessment notice or a copy of a current certificate of registration as a teacher issued under the Education and Training Reform Act 2006; (B) a criminal history notification issued within the 6 months preceding the application for the licence variation; Sch. 1 -- 151 of 183 -- Children's Services Regulations 2009 S.R. No. 53/2009 143 (C) a declaration that the Secretary has previously determined that the nominee is a fit and proper person; (D) a declaration that there are no material changes to the information provided to the Secretary since the nominee's previous fit and proper person determination; or (iii) the information and documents required in Part 11 to demonstrate that the nominee is a fit and proper person. __________________ Sch. 1 -- 152 of 183 -- Children's Services Regulations 2009 S.R. No. 53/2009 144 PART 8—APPLICATION FOR A VOLUNTARY SUSPENSION OF LICENCE 24 Application for a voluntary suspension of licence The following information is required for an application for the voluntary suspension of a licence— (a) the children's service's licence number; (b) the full name and postal address of the licensee; (c) the name, postal address, email address and telephone and facsimile numbers of the contact person for the purposes of the application; (d) the 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; (f) one of the following declarations and, if applicable, any evidence supporting that declaration— (i) that the 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; Sch. 1 -- 153 of 183 -- Children's Services Regulations 2009 S.R. No. 53/2009 145 (g) if a declaration under paragraph (f)(ii) is made, a statement indicating whether the licensee has submitted, or intends to submit, an application for approval of alterations or extensions to premises; (h) a statement that the licensee intends to resume the operation of the children's service at the end of the period of suspension; (i) a statement indicating whether the services offered by the children's service will be different on resumption of the operation; (j) a statement indicating the process the licensee proposes to undertake to notify the parents or guardians of children who are cared for or educated by the children's service of the suspension of the licence. __________________ Sch. 1 -- 154 of 183 -- Children's Services Regulations 2009 S.R. No. 53/2009 146 PART 9—REQUEST TO CANCEL LICENCE 25 Request by licensee to cancel licence The following information is required for a request by a licensee to cancel a licence— (a) the children's service's licence number; (b) the full name and postal address of the licensee; (c) the name, postal address, email address and telephone and facsimile numbers of the contact person for the purposes of the application; (d) the 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 licence to become effective; (f) a statement indicating the reasons for requesting a cancellation of the licence and, if applicable, any evidence supporting those reasons; (g) a statement indicating the process the licensee proposes to undertake to notify the parents or guardians of children who are cared for or educated by the children's service of the application to cancel the licence. __________________ Sch. 1 -- 155 of 183 -- Children's Services Regulations 2009 S.R. No. 53/2009 147 PART 10—REGISTER OF FAMILY DAY CARERS Division 1—Register of family day carers 26 Register of family day carers The following information is prescribed in respect of each family day carer— (a) full name and date of birth; (b) the contact telephone number; (c) the street address (including number) and municipal district of the premises where the family day carer will be providing care or education, indicating whether the location is the residence of the family day carer or a family day care venue; (d) the date that the family day carer was engaged by the family day care service; (e) the licence number of the family day care service by which the family day carer is engaged; (f) the days and hours in which the family day carer will be providing care or education to children. Division 2—Notification of new family day carer 27 Notification of new family day carer The following information is required to be provided in a notification of a new family day carer— (a) the family day care service's licence number; (b) the full name and postal address of the licensee; Sch. 1 -- 156 of 183 -- Children's Services Regulations 2009 S.R. No. 53/2009 148 (c) the name, postal address, email address and telephone and facsimile numbers of the contact person for the purpose of the notification; (d) the family day care service's name, street address (including number), municipal district, postal address, telephone and facsimile numbers, and email address; (e) the information set out in clause 26 in respect of the family day carer. __________________ Sch. 1 -- 157 of 183 -- Children's Services Regulations 2009 S.R. No. 53/2009 149 PART 11—DETERMINATION OF FIT AND PROPER PERSON 28 Information and documents relating to the applicant For the purposes of this Schedule, the following information is required in respect of an applicant— (a) the full name, date of birth, postal address, email address and telephone and facsimile numbers; (b) a financial declaration; (c) a charges and convictions declaration; (d) a criminal history notification issued within the 6 months preceding the application; (e) a health declaration; (f) the names, postal addresses and telephone numbers of two persons who are able to make a referee statement; (g) a summary of experience and evidence of qualifications relevant to operating a children's service; (h) a current assessment notice or a copy of a current certificate of registration as a teacher issued under the Education and Training Reform Act 2006. 29 Information and documents relating to body corporate applicant For the purposes of this Schedule the following information is required in respect of an applicant that is a body corporate— Sch. 1 -- 158 of 183 -- Children's Services Regulations 2009 S.R. No. 53/2009 150 (a) the name, postal address, email address and telephone and facsimile numbers of the contact person for the purposes of the determination of a fit and proper person; (b) a control declaration; (c) a financial declaration; (d) proof of incorporation or registration; (e) if the applicant is a company, a current extract from the register of the Australian Securities and Investments Commission showing the company's status, address of principal place of business and directors and company officers. 30 Information and documents relating to directors and officers of a body corporate applicant For the purposes of this Schedule, if an applicant is a body corporate, the following information is required in respect of each director or officer who exercises or may exercise control over the operation of the children's service— (a) the full name, date of birth, postal address, email address and telephone and facsimile numbers; (b) a financial declaration; (c) a charges and convictions declaration; (d) a criminal history notification issued within the 6 months preceding the application; (e) a health declaration; (f) the names, postal addresses, and telephone numbers of two persons who are able to make a referee statement; Sch. 1 -- 159 of 183 -- Children's Services Regulations 2009 S.R. No. 53/2009 151 (g) a summary of experience and evidence of qualifications relevant to operating a children's service; (h) a current assessment notice or a copy of a current certificate of registration as a teacher issued under the Education and Training Reform Act 2006. 31 Information and documents relating to nominees The following information is required for the purposes of this Schedule in respect of each proposed nominee— (a) the full name, date of birth, postal address, email address and telephone and facsimile numbers; (b) a financial declaration; (c) a charges and convictions declaration; (d) a criminal history notification issued within the 6 months preceding the application; (e) a health declaration; (f) the names, postal addresses and telephone numbers of two persons who are able to make a referee statement; (g) a summary of experience and evidence of qualifications relevant to managing or controlling a children's service; (h) a current assessment notice or a copy of a current certificate of registration as a teacher issued under the Education and Training Reform Act 2006. __________________ Sch. 1 -- 160 of 183 -- Children's Services Regulations 2009 S.R. No. 53/2009 152 SCHEDULE 2 PRESCRIBED FEES PART 1—FEES FOR APPLICATIONS FOR APPROVAL OF PREMISES 1 Fees for applications for approval of premises proposed to be used or constructed for use in operating a children's service, other than a family day care service No. of Places Standard Service Fee Units Up to and including 15 places 15·0 16 to 30 places 31·0 31 to 60 places 31·0 61 to 120 places 31·0 121 or more places 31·0 No. of Places Limited Hours (Types 1 and 2 Fee Units Short Term (Types 1 and 2) Fee Units Outside School Hours Care (Type 1) Fee Units Up to and including 15 places 15·0 8·0 15·0 16 to 30 places 15·0 8·0 15·0 31 to 60 places 15·0 8·0 15·0 61 to 120 places 15·0 8·0 15·0 121 or more places 15·0 8·0 15·0 Sch. 2 -- 161 of 183 -- Children's Services Regulations 2009 S.R. No. 53/2009 153 No. of Places Integrated Service Fee Units Up to and including 60 places 40·0 61 to 120 places 40·0 121 to 180 places 40·0 181 to 250 places 45·0 251 or more places 45·0 No. of Places Outside School Hours Care Service (Type 2) Fee Units Up to and including 15 places 15.0 16 to 60 places 61 to 90 places 91 to 120 places 121 or more places 15.0 15.0 15.0 15.0 2 Fees for applications for approval of alterations or extensions to premises other than premises used or proposed to be used for the operation of a family day care service No. of Places Standard Service Fee Units Up to and including 15 places 10·0 16 to 30 places 15·0 31 to 60 places 22·0 61 to 120 places 27·0 121 or more places 29·0 Sch. 2 -- 162 of 183 -- Children's Services Regulations 2009 S.R. No. 53/2009 154 No. of Places Limited Hours (Types 1 and 2 Fee Units Short Term (Type 1) Fee Units Outside School Hours Care (Type 1) Fee Units Up to and including 15 places 5·0 5·0 5·0 16 to 30 places 5·0 5·0 5·0 31 to 60 places 11.0 5·0 5·0 61 to 120 places 14·0 7·0 10·0 121 or more places 14·0 7·0 10·0 No. of Places Integrated Service Fee Units Up to and including 60 places 30·0 61 to 120 places 30·0 121 to 180 places 30·0 181 to 250 places 35·0 251 or more places 35·0 No. of Places Outside School Hours Care Service (Type 2) Fee Units Up to and including 15 places 5⋅0 16 to 60 places 5⋅0 61 to 90 places 5⋅0 91 to 120 places 10⋅0 121 or more places 10⋅0 __________________ Sch. 2 -- 163 of 183 -- Children's Services Regulations 2009 S.R. No. 53/2009 155 PART 2—FEES FOR APPLICATION FOR LICENCE TO OPERATE A CHILDREN'S SERVICE 3 Fees for applications for licence to operate a children's service, other than a family day care service Standard Licence Up to and including 1 year More than 1 year and up to and including 3 years More than 3 years and up to and including 5 years No. of Places Fee Units Fee Units Fee Units Up to and including 15 places 5·0 13·0 19·0 16 to 30 places 10·0 25·0 35·0 31 to 60 places 15·0 38·0 54·0 61 to 120 places 19·0 48·0 68·0 121 or more places 24·0 60·0 84·0 Limited Hours Licence (Types 1 and 2) Short Term Licence (Types 1 and 2) Up to and including 1 year More than 1 year and up to and including 3 years More than 3 years and up to and including 5 years Up to and including 1 year No. of Places Fee Units Fee Units Fee Units Fee Units Up to and including 15 places 3·0 8·0 12·0 3·0 16 to 30 places 5·0 13·0 19·0 3·0 31 to 60 places 8·0 19·0 27·0 5·0 61 to 120 places 10·0 24·0 34·0 6·0 121 or more places 12·0 29·0 41·0 7·0 Sch. 2 -- 164 of 183 -- Children's Services Regulations 2009 S.R. No. 53/2009 156 Outside School Hours Care Licence (Type 1) Up to and including 1 year More than 1 year and up to and including 3 years More than 3 years and up to and including 5 years No. of Places Fee Units Fee Units Fee Units Up to and including 15 places 3·0 8·0 12·0 16 to 30 places 5·0 13·0 19·0 31 to 60 places 8⋅0 19·0 27·0 61 to 120 places 10·0 24·0 34·0 121 or more places 12·0 29·0 41·0 Outside School Hours Care Licence (Type 2) Up to and including 1 year More than 1 year and up to and including 3 years More than 3 years and up to and including 5 years No. of Places Fee Units Fee Units Fee Units Up to and including 15 places 3·0 8·0 12·0 16 to 60 places 5·0 13·0 19·0 61 to 90 places 8⋅0 19·0 27·0 91 to 120 places 10·0 24·0 34·0 121 or more places 12·0 29·0 41·0 Integrated Licence Up to and including 1 year More than 1 year and up to and including 3 years More than 3 years and up to and including 5 years No. of Places Fee Units Fee Units Fee Units Up to and including 60 places 18·0 36·0 54⋅0 61 to 120 places 24·0 48·0 72·0 121 to 180 places 30·0 60·0 90·0 181 to 250 places 34·0 68·0 102·0 251 or more places 38·0 76·0 114·0 Sch. 2 -- 165 of 183 -- Children's Services Regulations 2009 S.R. No. 53/2009 157 4 Fees for applications for licence to operate a family day care service Family Day Care Licence Up to and including 1 year More than 1 year and up to and including 3 years More than 3 years and up to and including 5 years No. of Family Day Carers Fee Units Fee Units Fee Units Up to and including 15 carers 10·0 20⋅0 30⋅0 16 to 30 carers 15·0 30·0 45·0 31 to 60 carers 20·0 40·0 60·0 61 to 120 carers 25·0 50·0 75·0 121 or more carers 30·0 60·0 90·0 __________________ Sch. 2 -- 166 of 183 -- Children's Services Regulations 2009 S.R. No. 53/2009 158 PART 3—FEES FOR APPLICATIONS FOR RENEWAL OF LICENCES 5 Fees for applications for renewal of licence to operate a children's service Standard Licence Up to and including 1 year More than 1 year and up to and including 3 years More than 3 years and up to and including 5 years No. of Places Fee Units Fee Units Fee Units Up to and including 15 places Nil Nil Nil 16 to 30 places 10·0 25·0 35·0 31 to 60 places 15·0 38·0 54·0 61 to 120 places 19·0 48·0 68·0 121 or more places 24·0 60·0 84·0 Limited Hours Licence (Types 1 and 2) Up to and including 1 year More than 1 year and up to and including 3 years More than 3 years and up to and including 5 years No. of Places Fee Units Fee Units Fee Units Up to and including 15 places Nil Nil Nil 16 to 30 places 5·0 13·0 19·0 31 to 60 places 8·0 19·0 27·0 61 to 120 places 10·0 24·0 34·0 121 or more places 12·0 29·0 41·0 Sch. 2 -- 167 of 183 -- Children's Services Regulations 2009 S.R. No. 53/2009 159 Outside School Hours Care Licence (Type 1) Up to and including 1 year More than 1 year and up to and including 3 years More than 3 years and up to and including 5 years No. of Places Fee Units Fee Units Fee Units Up to and including 15 places Nil Nil Nil 16 to 30 places 5·0 13·0 19·0 31 to 60 places 8·0 19·0 27·0 61 to 120 places 10·0 24·0 34·0 121 or more places 12·0 29·0 41·0 Outside School Hours Care Licence (Type 2) Up to and including 1 year More than 1 year and up to and including 3 years More than 3 years and up to and including 5 years No. of Places Fee Units Fee Units Fee Units Up to and including 15 places Nil Nil Nil 16 to 60 places 5·0 13·0 19·0 61 to 90 places 8·0 19·0 27·0 91 to 120 places 10·0 24·0 34·0 121 or more places 12·0 29·0 41·0 Integrated Licence Up to and including 1 year More than 1 year and up to and including 3 years More than 3 years and up to and including 5 years No. of Places Fee Units Fee Units Fee Units Up to and including 60 places 18·0 36·0 54·0 61 to 120 places 24·0 48·0 72·0 121 to 180 places 30·0 60·0 90·0 181 to 250 places 34·0 68·0 102·0 251 or more places 38·0 76·0 114·0 Sch. 2 -- 168 of 183 -- Children's Services Regulations 2009 S.R. No. 53/2009 160 Family Day Care Licence Up to and including 1 year More than 1 year and up to and including 3 years More than 3 years and up to and including 5 years No. of Family Day Carers Fee Units Fee Units Fee Units Up to and including 15 carers 10·0 20·0 30·0 16 to 30 carers 15·0 30·0 45·0 31 to 60 carers 20·0 40·0 60·0 61 to 120 carers 25·0 50·0 75·0 121 or more carers 30·0 60·0 90·0 6 Fees for late application for renewal of licence to operate children's service No. of Places Standard Licence Fee Units Up to and including 15 places 10·0 16 to 30 places 10·0 31 to 60 places 10·0 61 to 120 places 15·0 121 or more places 20·0 No. of Places Limited Hours Licence (Types 1 and 2) Fee Units Outside School Hours Care Licence (Type 1) Fee Units Up to and including 15 places 5·0 5·0 16 to 30 places 5·0 5·0 31 to 60 places 5·0 5·0 61 to 120 places 8·0 8·0 121 or more places 10·0 10·0 Sch. 2 -- 169 of 183 -- Children's Services Regulations 2009 S.R. No. 53/2009 161 Outside School Hours Care Licence (Type 2) No. of Places Fee Units Up to and including 15 places 5⋅0 16 to 60 places 5⋅0 61 to 90 places 5⋅0 91 to 120 places 8⋅0 121 or more places 10⋅0 No. of Places Integrated Licence Fee Units Up to and including 60 places 20·0 61 to 120 places 20·0 121 to 180 places 20·0 181 to 250 places 20·0 251 or more places 20·0 No. of Family Day Carers Family Day Care Licence Fee Units Up to and including 15 carers 10·0 16 to 30 carers 10·0 31 to 60 carers 10·0 61 to 120 carers 15·0 121 or more carers 20·0 __________________ Sch. 2 -- 170 of 183 -- Children's Services Regulations 2009 S.R. No. 53/2009 162 PART 4—FEES FOR APPLICATIONS FOR VARIATION OF LICENCES 7 Fees for applications to vary or revoke a condition or restriction or to impose a condition or restriction on a licence No. of Places Standard Licence Fee Units Up to and including 15 places Nil 16 to 30 places 9·0 31 to 60 places 9·0 61 to 120 places 9·0 121 or more places 9·0 No. of Places Limited Hours Licence (Types 1 and 2) Fee Units Outside School Hours Care Licence (Type 1) Fee Units Up to and including 15 places Nil Nil 16 to 30 places 5·0 5·0 31 to 60 places 5·0 5·0 61 to 120 places 5·0 5·0 121 or more places 5·0 5·0 No. of Places Integrated Licence Fee Units Up to and including 60 places 9·0 61 to 120 places 9·0 121 to 180 places 9·0 181 to 250 places 9.0 251 or more places 9.0 Sch. 2 -- 171 of 183 -- Children's Services Regulations 2009 S.R. No. 53/2009 163 No. of Places Outside School Hours Care Licence (Type 2) Fee Units Up to and including 15 places Nil 16 to 60 places 5⋅0 61 to 90 places 5⋅0 91 to 120 places 5⋅0 121 or more places 5⋅0 No. of Family Day Carers Family Day Care Licence Fee Units Up to and including 15 carers 9·0 16 to 30 carers 9·0 31 to 60 carers 9·0 61 to 120 carers 9·0 121 or more carers 9·0 8 Fees for application to vary period of a licence Standard Licence Up to and including 1 year More than 1 year and up to and including 3 years More than 3 years and up to and including 5 years No. of Places Fee Units Fee Units Fee Units Up to and including 15 places Nil Nil Nil 16 to 30 places 10⋅0 20⋅0 25⋅0 31 to 60 places 15⋅0 30⋅0 38⋅0 61 to 120 places 19⋅0 38⋅0 48⋅0 121 or more places 24⋅0 48⋅0 60⋅0 Sch. 2 -- 172 of 183 -- Children's Services Regulations 2009 S.R. No. 53/2009 164 Limited Hours Licence (Types 1 and 2) Up to and including 1 year More than 1 year and up to and including 3 years More than 3 years and up to and including 5 years No. of Places Fee Units Fee Units Fee Units Up to and including 15 places Nil Nil Nil 16 to 30 places 5·0 10·0 13·0 31 to 60 places 8·0 16·0 19·0 61 to 120 places 10·0 20·0 24·0 121 or more places 12·0 24·0 29·0 Outside School Hours Care Licence (Type 1) Up to and including 1 year More than 1 year and up to and including 3 years More than 3 years and up to and including 5 years No. of Places Fee Units Fee Units Fee Units Up to and including 15 places Nil Nil Nil 16 to 30 places 5·0 10·0 13·0 31 to 60 places 8·0 16·0 19·0 61 to 120 places 10·0 20·0 24·0 121 or more places 12·0 24·0 29·0 Outside School Hours Care Licence (Type 2) Up to and including 1 year More than 1 year and up to and including 3 years More than 3 years and up to and including 5 years No. of Places Fee Units Fee Units Fee Units Up to and including 15 places Nil Nil Nil 16 to 60 places 5·0 10·0 13·0 61 to 90 places 8·0 16·0 19·0 91 to 120 places 10·0 20·0 24·0 121 or more places 12·0 24·0 29·0 Sch. 2 -- 173 of 183 -- Children's Services Regulations 2009 S.R. No. 53/2009 165 Integrated Licence Up to and including 1 year More than 1 year and up to and including 3 years More than 3 years and up to and including 5 years No. of Places Fee Units Fee Units Fee Units Up to and including 60 places 18·0 27·0 36·0 61 to 120 places 24·0 36·0 48·0 121 to 180 places 30·0 45·0 60·0 181 to 250 places 34·0 51·0 68·0 251 or more places 38·0 57·0 76·0 Family Day Care Licence Up to and including 1 year More than 1 year and up to and including 3 years More than 3 years and up to and including 5 years No. of Family Day Carers Fee Units Fee Units Fee Units Up to and including 15 carers 10·0 15·0 20·0 16 to 30 carers 15·0 23·0 30·0 31 to 60 carers 20·0 30·0 40·0 61 to 120 carers 25·0 38·0 50·0 121 or more carers 30·0 45·0 60·0 __________________ Sch. 2 -- 174 of 183 -- Children's Services Regulations 2009 S.R. No. 53/2009 166 SCHEDULE 3 ANAPHYLAXIS MANAGEMENT POLICY 1 Prescribed matters The prescribed matters to be included in the anaphylaxis management policy are— (a) the procedures for the training of staff and family day carers, to comply with, at a minimum, regulation 63 or in the case of a family day care service, regulation 64; and (b) the practices and procedures to ensure compliance with— (i) regulations 34(b), 34(f), 38(2)(d), 38(2)(e), 40(1)(k), 43, 65, 67, 74(4)(d) and 83(3); or (ii) in the case of a family day care service, regulations 34(b), 34(f), 39(2)(d), 39(2)(e), 46(3)(g), 48, 65, 67 and 83(3); and (c) a requirement that a risk minimisation plan for each child being cared for or educated by the children's service who has been diagnosed as at risk of anaphylaxis must be developed by the proprietor of the children's service in consultation with the child's parents or guardian; and (d) a requirement that the proprietor must obtain an anaphylaxis medical management plan from the child's parents or guardian, prepared in accordance with clause 2, for each child being cared for or educated by the children's service who has been diagnosed as at risk of anaphylaxis; and Sch. 3 -- 175 of 183 -- Children's Services Regulations 2009 S.R. No. 53/2009 167 (e) a requirement that if a child who has been diagnosed as at risk of anaphylaxis has an anaphylactic episode while being cared for or educated by the children's service, the child's anaphylaxis medical management plan must be followed; and (f) a requirement that the risk minimisation plan referred to in paragraph (c) must, at a minimum, include the matters contained in clause 3; and (g) a communication plan including, at a minimum, the matters contained in clause 4. 2 Anaphylaxis medical management plan An anaphylaxis medical management plan for a child must— (a) be an individual plan for that child; and (b) be signed by the registered medical practitioner who is treating the child at the date it is signed; and (c) describe the prescribed anaphylaxis medication for that child. 3 Risk minimisation plan For each child being cared for or educated at the children's service who has been diagnosed as at risk of anaphylaxis, the risk minimisation plan must include— (a) an assessment of the risks to the child of anaphylaxis at the children's service and how those risks can be minimised, reviewed and documented; and (b) practices and procedures regarding how the risks in paragraph (a) can be managed and minimised; and Sch. 3 -- 176 of 183 -- Children's Services Regulations 2009 S.R. No. 53/2009 168 (c) if relevant to the child, practices and procedures regarding the safe handling, preparation, consumption and service of food, including but not limited to food sharing practices, hand washing and equipment cleaning; and (d) practices and procedures for ensuring that all parents or guardians of children being cared for or educated at the children's service are notified of the known allergens that pose a risk to the child, the risks identified in paragraph (a) and the strategies for minimisation and management of those risks; and (e) practices and procedures to ensure that each staff member (including staff who are relief staff), visiting early childhood intervention staff member and volunteer can identify the child; and (f) practices and procedures to ensure that each staff member (including staff who are relief staff), visiting early childhood intervention staff member, volunteer, and family day carer can identify and is familiar with— (i) the child's allergies; and (ii) the child's anaphylaxis medical management plan; and (iii) the location of the child's anaphylaxis medication and anaphylaxis medical management plan; and (g) practices and procedures to ensure that the child does not attend the children's service or family day care residence or venue without the child's anaphylaxis medication (if any) that has been prescribed by a registered medical practitioner. Sch. 3 -- 177 of 183 -- Children's Services Regulations 2009 S.R. No. 53/2009 169 4 Communication plan The communication plan must include practices and procedures to ensure— (a) that all staff members (including staff who are relief staff), visiting early childhood intervention staff members, volunteers, family day carers, and parents or guardians of children being cared for or educated by the children's service are informed about anaphylaxis management in the children's service and the anaphylaxis management policy of the children's service; and (b) that a parent or guardian of a child diagnosed as at risk of anaphylaxis who is being cared for or educated by the children's service can communicate with the staff members at the children's service and, in the case of a family day care service, with the family day carer caring for or educating the child, about any changes required to the child's risk minimisation plan and anaphylaxis medical management plan and how that communication can occur; and (c) that all staff members (including staff who are relief staff), visiting early childhood intervention staff members and volunteers, and, in the case of a family day care service, the family day carer, are informed about and familiar with the anaphylaxis medical management plan and risk minimisation plan of each child diagnosed as at risk of anaphylaxis who is being cared for or educated by the children's service. __________________ Sch. 3 -- 178 of 183 -- Children's Services Regulations 2009 S.R. No. 53/2009 170 SCHEDULE 4 APPLICATION FOR PROVISIONAL LICENCE 1 Application for provisional licence to operate a family day care service The following information is required for an application for a provisional licence to operate a family day care service— (a) the full name and postal address of the person applying for the licence; (b) if the applicant is a natural person, an identity statement regarding the applicant; (c) the name, postal address, email address and telephone and facsimile numbers of the contact person for the purposes of the application; (d) the family day care service's name, street address (including number) and the municipal district in which the service is located, postal address, and, if available, email address and telephone and facsimile numbers; (e) if the applicant is a body corporate, the full name and postal address of the person appointed to represent the licensee in relation to the application and the operation of the family day care service; (f) a declaration that the family day care service was operating immediately before the commencement day and is otherwise eligible to be granted a full licence; Sch. 4 -- 179 of 183 -- Children's Services Regulations 2009 S.R. No. 53/2009 171 (g) the following information regarding each family day carer engaged by the family day care service— (i) full name and date of birth; (ii) street address (including number) and the municipal district where the family day carer provides care or education to children, indicating whether the location is the residence of the family day carer or a family day care venue; (iii) if care or education will be provided at a family day care venue, the name (if applicable) of that operation. 2 Application for provisional licence to operate an outside school hours care service The following information is required for an application for a provisional licence to operate an outside school hours care service— (a) the full name and postal address of the person applying for the licence; (b) if the applicant is a natural person, an identity statement regarding the applicant; (c) the name, postal address, email address and telephone and facsimile numbers of the contact person for the purposes of the application; (d) the outside school hours care service's name, street address (including number) and the municipal district in which the service is located, postal address, and, if available, email address and telephone and facsimile numbers; Sch. 4 -- 180 of 183 -- Children's Services Regulations 2009 S.R. No. 53/2009 172 (e) if the applicant is a body corporate, the full name and postal address of the person appointed to represent the applicant in relation to the application and the operation of the outside school hours care service; (f) a declaration that the outside school hours care service either— (i) was operating immediately before the commencement date and is otherwise eligible to be granted a full licence; or (ii) is an outside school hours care Type 2 service that was operated at some time within the 12 months before the commencement day and is otherwise eligible to be granted a full licence; (g) the street address (including number), telephone number, and, if available, email address and facsimile number for the location at which the outside school hours care service is or will be providing care or education to children; (h) if the outside school hours care service will be providing care or education to children at a registered school, the name of the registered school and the school's registration number; (i) the types of programs provided at each location. ═══════════════ Sch. 4 -- 181 of 183 -- Children's Services Regulations 2009 S.R. No. 53/2009 173 ENDNOTES 1 Reg. 4(a): S.R. No. 59/1998. Reprint No. 1 incorporating amendments as at 10 March 2005. Reprinted to S.R. No. 14/2004 and subsequently amended by S.R. Nos 100/2005 and 120/2008. 2 Reg. 4(b): S.R. No. 82/2002. 3 Reg. 4(c): S.R. No. 14/2004. 4 Reg. 4(d): S.R. No. 100/2005. 5 Reg. 4(e): S.R. No. 120/2008. 6 Reg. 89(1): S.R. No. 41/2001. Reprint No. 1 incorporating amendments as at 1 April 2005. Reprinted to S.R. No. 4/2005 and subsequently amended by S.R. No. 105/2008. 7 Reg. 89(2): S.R. No. 41/2001. See note 6. 8 Reg. 89(3): S.R. No. 41/2001. See note 6. 9 Reg. 107: S.R. No. 59/1998. See note 1. —— 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 2008 is $11.35. 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. Endnotes -- 182 of 183 -- Children's Services Regulations 2009 S.R. No. 53/2009 174 The value of a penalty unit for the financial year commencing 1 July 2008 is $113.42. 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. -- 183 of 183 --