Children's Services Further Amendment Regulations 2008

i Children's Services Further Amendment Regulations 2008 S.R. No. 120/2008 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provisions 1 3 Principal Regulations 1 4 Definitions 2 5 Matters to be recorded in enrolment records 3 6 Matters to be recorded in staff record 3 7 Information to be available 4 8 Staff to have first aid and anaphylaxis training 5 9 Criminal history checks 6 10 Removal of child by staff member 8 11 New section 34A inserted 9 34A Anaphylaxis management policy 9 12 First aid kit 9 13 New Schedule 3 inserted 10 SCHEDULE 3—Anaphylaxis Management Policy 10 1 Prescribed matters 10 2 Anaphylaxis medical management plan 11 3 Risk minimisation plan 11 4 Communication plan 13 ═══════════════ ENDNOTES 15 -- 1 of 16 -- 1 STATUTORY RULES 2008 S.R. No. 120/2008 Children's Services Act 1996 Children's Services Further Amendment Regulations 2008 The Governor in Council makes the following Regulations: Dated: 14 October 2008 Responsible Minister: MAXINE MORAND Minister for Children and Early Childhood Development ZOE WONG Acting Clerk of the Executive Council 1 Objective The objective of these Regulations is to amend the Children's Services Regulations 1998 in relation to— (a) anaphylaxis management; and (b) the requirements for criminal history checks. 2 Authorising provisions These Regulations are made under section 56 of the Children's Services Act 1996. 3 Principal Regulations In these Regulations, the Children's Services Regulations 1998 1 are called the Principal Regulations. -- 2 of 16 -- S.R. No. 120/2008 Children's Services Further Amendment Regulations 2008 2 4 Definitions (1) In regulation 4 of the Principal Regulations insert the following definitions— "adrenaline auto-injection device means an intramuscular injection device for the automatic administration of adrenaline; anaphylaxis management policy means the anaphylaxis management policy of the children's service pursuant to section 26A of the Children's Services Act 1996; anaphylaxis medical management plan means an individual anaphylaxis management action plan for a child diagnosed as at risk of anaphylaxis that has been developed in accordance with clause 2 of Schedule 3; assessment notice has the same meaning as in the Working with Children Act 2005; diagnosed as at risk of anaphylaxis means a diagnosis from a registered medical practitioner that the child is at risk of anaphylaxis; registered medical practitioner has the same meaning as in the Health Professions Registration Act 2005; 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 and gain.". (2) In regulation 4 of the Principal Regulations, in the definition of the Act, for "1996." substitute "1996;". r. 4 -- 3 of 16 -- S.R. No. 120/2008 Children's Services Further Amendment Regulations 2008 3 5 Matters to be recorded in enrolment records (1) In regulation 16(m) of the Principal Regulations, after "details of allergies" insert ", (including whether the child has been diagnosed as at risk of anaphylaxis),". (2) For regulation 16(o) of the Principal Regulations, substitute— "(o) the immunisation status of the child; (p) if the child is diagnosed as at risk of anaphylaxis, the current anaphylaxis medical management plan for the child.". 6 Matters to be recorded in staff record (1) After regulation 19(c) of the Principal Regulations insert— "(ca) if the member of the staff of the children's service has a current assessment notice, a note that the assessment notice was read under regulation 27, the date on which the assessment notice was read and the reference number and expiry date of the assessment notice;". (2) For regulation 19(d) of the Principal Regulations, substitute— "(d) if the member of the staff of the children's service does not have a current assessment notice, a record that notification of any criminal history referred to in regulation 27 was read and considered and of the reference number of the criminal history notification, the date of the issue of the notification and the date on which it was considered;". r. 5 -- 4 of 16 -- S.R. No. 120/2008 Children's Services Further Amendment Regulations 2008 4 (3) After regulation 19(d) of the Principal Regulations insert— "(e) the date that each staff member undertook and completed training in the administration of an adrenaline auto-injection device pursuant to regulation 26(2); (f) the date that each staff member undertook and completed training in anaphylaxis management pursuant to regulation 26(3);". (4) At the end of regulation 19 of the Principal Regulations insert— "(2) In this regulation and in regulation 27— member of the staff means any person employed at the children's service; and staff member has the same meaning as in regulation 4.". 7 Information to be available (1) For regulation 20(1)(i) of the Principal Regulations substitute— "(i) a list of the information available for inspection under subregulation (2); (j) if a child diagnosed as at risk of anaphylaxis is being cared for or educated by the children's service, a notice stating that fact.". (2) For regulation 20(2)(i) of the Principal Regulations substitute— "(i) provision for dealing with complaints; (j) the anaphylaxis management policy.". r. 7 -- 5 of 16 -- S.R. No. 120/2008 Children's Services Further Amendment Regulations 2008 5 (3) After regulation 20(2) of the Principal Regulations insert— "(2A) The proprietor must provide to each 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.". 8 Staff to have first aid and anaphylaxis training (1) Insert the following heading to regulation 26 of the Principal Regulations— "Staff to have first aid and anaphylaxis training". (2) At the end of regulation 26 of the Principal Regulations insert— "(2) The proprietor must ensure that all staff members on duty whenever children are being cared for or educated by the children's service undertake training in the administration of an adrenaline auto- injection device every 12 months. Penalty: 10 penalty units. (3) If a child that has been diagnosed as at risk of anaphylaxis is being cared for or educated at the children's service, the proprietor must ensure that all staff members on duty whenever that child is being cared for or educated by the children's service have undertaken training in anaphylaxis management that is recognised by the Secretary for the purposes of these Regulations. Penalty: 10 penalty units. r. 8 -- 6 of 16 -- S.R. No. 120/2008 Children's Services Further Amendment Regulations 2008 6 (4) The Secretary may declare an anaphylaxis management course to be recognised training for the purposes of these Regulations. (5) A declaration made by the Secretary under subregulation (4) must be published in the Government Gazette.". 9 Criminal history checks (1) For regulation 27(1) of the Principal Regulations, substitute— "(1) The licensee must ensure that, before a person becomes a member of the staff or is granted permission to work at the service in a voluntary or honorary capacity, the licensee or primary nominee has— (a) read a notification of any criminal history within Australia of that person issued by or on behalf of a duly authorised officer of the police force of Victoria, the Commonwealth or of another State or Territory within 6 months immediately before the person becomes a member of the staff or is granted permission to work at the service in a voluntary or honorary capacity and considered any criminal history in that notification having regard to the security, health, safety and welfare of the children cared for or educated by the service; or r. 9 -- 7 of 16 -- S.R. No. 120/2008 Children's Services Further Amendment Regulations 2008 7 (b) read a current assessment notice of that person that is not a volunteer assessment notice. Penalty: 10 penalty units. (2) In regulation 27(2) of the Principal Regulations, after "granted permission" insert "to work at the service in a voluntary or honorary capacity". (3) For regulation 27(3) of the Principal Regulations, substitute— "(3) Subregulations (1) and (2) do not apply to— (a) a person who is granted permission to work at the service in a voluntary or honorary capacity who is not a staff member in a restricted service if that person— (i) cares for or educates children at the service under the immediate supervision of the proprietor or a qualified staff member; or (ii) has a current assessment notice or current volunteer assessment notice that has been read by the licensee or primary nominee; or (b) a person in respect of whom a notification of criminal history cannot be issued for the purposes of subregulation (1) because of the person's age if that person cares for or educates children at the service under the immediate supervision of the proprietor or a qualified staff member.". r. 9 -- 8 of 16 -- S.R. No. 120/2008 Children's Services Further Amendment Regulations 2008 8 (4) After regulation 27(3) of the Principal Regulations insert— "(4) The licensee must ensure that the licensee or primary nominee has read the current assessment notice of each member of the staff of the children's service who is required to have an assessment notice under the Working with Children Act 2005. Note It is an offence under section 35 of the Working with Children Act 2005 to engage a person in child- related work who does not have an assessment notice.". 10 Removal of child by staff member (1) For regulation 31(2) of the Principal Regulations substitute— "(2) If any child is taken outside the premises of the children's service, the proprietor must ensure that a staff member accompanying the child carries— (a) a basic first aid kit; and (b) details of 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 doctor or medical service; and (c) 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.". r. 10 -- 9 of 16 -- S.R. No. 120/2008 Children's Services Further Amendment Regulations 2008 9 (2) In regulation 31(3) of the Principal Regulations, for "Subregulation (2)" substitute "Subregulations 2(a) and 21(b)". 11 New section 34A inserted After section 34 of the Principal Regulations insert— "34A Anaphylaxis management policy For the purposes of section 26A of the Act, the prescribed matters to be included in the anaphylaxis management policy are those matters listed in Schedule 3.". 12 First aid kit For regulation 37(2) of the Principal Regulations substitute— "(2) The proprietor must ensure that— (a) the first aid kit referred to in sub- regulation (1) is— (i) easily recognisable and readily accessible to staff; and (ii) inaccessible to children; and (b) if a child diagnosed as at risk of anaphylaxis is being cared for or educated at the children's service, that the child's anaphylaxis medication is— (i) easily recognisable and readily accessible to staff; and (ii) inaccessible to children; and (iii) stored away from direct sources of heat. Penalty: 5 penalty units.". r. 11 -- 10 of 16 -- S.R. No. 120/2008 Children's Services Further Amendment Regulations 2008 10 13 New Schedule 3 inserted After Schedule 2 of the Principal Regulations insert— "__________________ SCHEDULE 3 ANAPHYLAXIS MANAGEMENT POLICY Regulation 34A 1 Prescribed matters The prescribed matters to be included in the anaphylaxis management policy are— (a) the procedures for the training of staff, to comply with, at a minimum, regulations 26(2) and 26(3); (b) the practices and procedures to ensure compliance with regulations 16(m), 16(p), 19(1)(e), 19(1)(f), 20(1)(j), 20(2)(j), 20(2A), 31(2)(c) and 37(2)(b); (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; (d) a requirement that the proprietor must obtain an anaphylaxis medical management plan from the child's parents or guardian in accordance with clause 2 for each child being cared for or educated by the children's service r. 13 -- 11 of 16 -- S.R. No. 120/2008 Children's Services Further Amendment Regulations 2008 11 who has been diagnosed as at risk of anaphylaxis; (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; (f) a requirement that the risk minimisation plan referred to in clause 1(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; r. 13 -- 12 of 16 -- S.R. No. 120/2008 Children's Services Further Amendment Regulations 2008 12 (b) practices and procedures regarding how the risks in paragraph (a) can be managed and minimised; (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; (d) practices and procedures for ensuring 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; (e) practices and procedures to ensure that each staff member, (including staff who are relief staff and staff who are acting at the service in a voluntary or honorary capacity), can identify the child; (f) practices and procedures to ensure that each staff member, (including staff who are relief staff and staff who are acting at the service in a voluntary or honorary capacity), can identify and is familiar with— (i) the child's allergies; and (ii) the child's anaphylaxis medical management plan; and r. 13 -- 13 of 16 -- S.R. No. 120/2008 Children's Services Further Amendment Regulations 2008 13 (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 without the child's anaphylaxis medication (if any) which has been prescribed by a registered medical practitioner. 4 Communication plan The communication plan must include practices and procedures to ensure— (a) that all staff members, including staff who are relief staff and staff who are acting at the service in a voluntary or honorary capacity and parents or guardians of children being cared for or educated at 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 at the children's service can communicate with the staff members at the children's service about any changes required to the child's risk minimisation plan and anaphylaxis medical management plan and how such communication can occur; and r. 13 -- 14 of 16 -- S.R. No. 120/2008 Children's Services Further Amendment Regulations 2008 14 (c) that all staff members, (including staff who are relief staff and staff who are acting at the service in a voluntary or honorary capacity), 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 at the children's service.". ═══════════════ r. 13 -- 15 of 16 -- S.R. No. 120/2008 Children's Services Further Amendment Regulations 2008 15 ENDNOTES 1 Reg. 3: S.R. No. 59/1998. Reprint No. 1 as at 10 March 2005. Reprinted to S.R. No. 14/2004. Subsequently amended by S.R. No. 100/2005. Endnotes -- 16 of 16 --