Education and Care Services National Regulations

ABN has the same meaning as in section 41 of the A New Tax System (Australian Business Number) Act 1999 of the Commonwealth;

actively working towards a qualification—see regulation 10;

approved anaphylaxis management training has the meaning given by regulation 136(5);

approved certificate III level education and care qualification means—

approved diploma level education and care qualification means—

approved early childhood teaching qualification means a qualification for the education and care of children generally or children of a specified age that is approved by the National Authority and included in the list of approved early childhood teaching qualifications published under regulation 137;

approved education and care qualification, in regulations 126A, 135 and 324, means—

approved emergency asthma management training has the meaning given by regulation 136(5);

approved first aid qualification has the meaning given by regulation 136(5);

approved number of places, in relation to a centre-based service, means the maximum number of children who can be educated and cared for by the service at any one time, stated on the service approval under section 52(g) of the Law;

bankruptcy declaration means a declaration made by an individual about any proceeding in bankruptcy brought against the individual including—

building law means a law generally regulating building construction and demolition;

building permit means a permit or consent to carry out building work issued under a building law or planning and development law of a participating jurisdiction;

building practitioner means—

centre-based service means an education and care service other than a family day care service;

certificate of final inspection means a certificate issued on completion of building work by a building practitioner under a building law or planning and development law of a participating jurisdiction;

child over preschool age means a child who—

child preschool age or under means a child under the age of 7 years who is not a child over preschool age;

criminal history record check means a full disclosure Australia-wide criminal history record check, issued by a police force or other authority of a State or Territory or the Commonwealth;

criminal history statement means a statement made by an individual that—

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;

disciplinary proceedings statement means a statement made by an individual that states—

early childhood teacher means a person with an approved early childhood teaching qualification;

educational program means a program referred to in section 168 of the Law;

emergency, in relation to an education and care service, means an incident, situation or event where there is an imminent or severe risk to the health, safety or wellbeing of a person at the education and care service;

Examples—

1 Flood.

2 Fire.

3 A situation that requires the education and care service premises to be locked down.

excursion means an outing organised by an education and care service or family day care educator, but does not include an outing organised by an education and care service provided on a school site if—

family assistance law has the same meaning as it has in the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth;

family day care educator assistant means a person engaged by or registered with a family day care service to assist family day care educators;

financial declaration means a declaration made by a person who is not an individual indicating whether the person is or has been declared insolvent or is or has been placed under external administration;

in attendance, at a centre-based service, in relation to an early childhood teacher or a suitably qualified person—see regulation 11;

infectious disease, in relation to a participating jurisdiction, means an infectious disease that is designated under a law of that jurisdiction or by a health authority (however described) as a disease that would require a person with the disease to be excluded from an education and care service;

medication means medicine within the meaning of the Therapeutic Goods Act 1989 of the Commonwealth;

multi-storey building means a building with more than 2 storeys;

occupancy permit means a certificate or permit issued under a building law or planning and development law of a participating jurisdiction that permits a building to be occupied;

optical surveillance device has the same meaning as in section 6(1) of the Surveillance Devices Act 2004 of the Commonwealth;

overseas criminal history statement means a statement made by an individual that—

planning and development law means a law generally regulating the planning of the use and development of land;

planning permit means a permit, approval or consent in respect of the use or development of any land granted under a building law or a planning and development law of a participating jurisdiction;

previous service statement means a statement made by an individual that states—

registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);

regular outing, in relation to an education and care service, means a walk, drive or trip to and from a destination—

regular transportation, in relation to an education and care service, means the transportation by the service or arranged by the service (other than as part of an excursion) of a child being educated and cared for by the service, where the circumstances relevant to a risk assessment are substantially the same for each occasion on which the child is transported;

renovate, in relation to premises, means—

responsible person, in relation to an education and care service, means a person referred to in section 162(1)(a) to (c) of the Law;

scheme commencement day means 1 January 2012;

Note—

The scheme commencement day for Western Australia was 1 August 2012—see the definition of scheme commencement day in regulation 4 of the Education and Care Services National Regulations 2012 of Western Australia.

serious incident—see regulation 12;

soil assessment means an analysis of soil conducted by an environmental consultant, environmental consulting firm, or environmental auditor for the purposes of determining—

storey, of a building, includes the following—

suitably qualified person means a person who has—

the Law means the Education and Care Services National Law;

vaping device has the same meaning as in section 41P of the Therapeutic Goods Act 1989 of the Commonwealth;

vaping substance has the same meaning as in section 41P of the Therapeutic Goods Act 1989 of the Commonwealth;

working directly with children—see regulation 13;

working with children check number has the same meaning as it has in the Child Protection (Working with Children) Act 2012 of New South Wales;

working with vulnerable people check means a check of a person under a working with vulnerable people law of a participating jurisdiction;

working with vulnerable people registration means—

Example—

There are 30 children aged 36 months or over (not including children over preschool age) at a centre-based service. Regulation 123(1)(c) requires 1 educator for each 11 children. In this case 3 educators would be required.