1Objective

The objective of these Regulations is to provide for certain matters for the regulation of the approval and operation of children's services under the Children's Services Act 1996.

2Authorising provision

These Regulations are made under section 191 of the Children's Services Act 1996.

3Commencement

These Regulations come into operation on 17 May 2020.

4Revocations

The regulations set out in Schedule 1 are revoked.

5Definitions

(1)

In these Regulations—

Reg. 5(1) def. of ABN inserted by S.R. No. 80/2024 reg. 5.

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 8;

approved certificate III level education and care qualification means—

(a)

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 certificate III level education and care qualifications published under regulation 137 of the national regulations; or

(b)

a qualification included in the list of approved diploma level education and care qualifications or approved early childhood teaching qualifications published under regulation 137 of the national regulations;

approved diploma level education and care qualification means—

(a)

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 diploma level education and care qualifications published under regulation 137 of the national regulations; or

(b)

a qualification included in the list of approved early childhood teaching qualifications published under regulation 137 of the national regulations;

Reg. 5(1) def. of approved early childhood teaching qualification inserted by S.R. No. 12/2024 reg. 5(a).

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 of the national regulations;

Reg. 5(1) def. of approved education and care qualification inserted by S.R. No. 12/2024 reg. 5(a).

approved education and care qualification, in regulations 92A and 94, means—

(a)

an approved certificate III level education and care qualification; or

(b)

an approved diploma level education and care qualification; or

(c)

an approved early childhood teaching qualification;

approved number of places, in relation to a children's 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 51(g) of the Act;

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

(a)

whether any actions have been taken against the individual under Part IV of the Bankruptcy Act 1966 of the Commonwealth; and

(b)

whether the individual has made any debt agreement under Part IX of the Bankruptcy Act 1966 of the Commonwealth; and

(c)

whether the individual has made any personal insolvency agreement under Part X of the Bankruptcy Act 1966 of the Commonwealth;

building law means the Building Act 1993;

building practitioner means—

(a)

a person who is registered as a building practitioner under the building law; or

(b)

a person who is registered as an architect under the Architects Act 1991; or

(c)

a person who is registered as a licensed surveyor under the Surveying Act 2004;

certificate of final inspection means a certificate issued on completion of building work by a building practitioner under the building law;

child over preschool age means a child who—

(a)

is enrolled or registered at a school; and

(b)

attends, or in the current calendar year, will attend school in the year before grade 1 or in grade 1 or a higher grade;

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

child protection law means—

(a)

the Children, Youth and Families Act 2005; and

(b)

the Child Wellbeing and Safety Act 2005; and

(c)

the Family Violence Protection Act 2008;

commencement day means 17 May 2020;

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—

(a)

states whether the individual has been convicted in Australia of any offences relevant to a person seeking to work with children; and

(b)

includes details of those convictions;

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—

(a)

whether the individual is or has been subject to a formal disciplinary proceeding or action under an education law or an equivalent law of a participating jurisdiction (other than a proceeding or action that was unsuccessful or was withdrawn); and

(b)

the outcome of the proceeding or action (if known);

educational program means a program referred to in section 108 of the Act;

emergency, in relation to a children's 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 children's service;

Examples

3A situation that requires the children's service premises to be locked down.

excursion means an outing organised by a children's service, but does not include an outing organised by a children's service provided on a school site if—

(a)

the child or children leave the children's service premises in the company of an educator; and

(b)

the child or children do not leave the school site;

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 children's service, in relation to an early childhood teacher or a suitably qualified person—see regulation 9;

infectious disease has the same meaning as in the Public Health and Wellbeing Act 2008;

limited hours service means a children's service that does not provide education and care to any child who attends the service for more than—

(a)

3 hours per day; and

(b)

6 hours per week;

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

Reg. 5(1) def. of multi-storey building inserted by S.R. No. 12/2024 reg. 5(a).

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

occasional care service means a children's service that is not a limited hours service;

occupancy permit means a permit issued under the building law that permits a building to be occupied;

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

(a)

states whether the individual has been convicted outside Australia of any offences relevant to a person seeking to work with children; and

(b)

includes details of those convictions;

planning and development law means the Planning and Environment Act 1987;

planning permit means a permit issued under Part 4 of the planning and development law in respect of the use or development of any land;

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

(a)

whether or not the individual has held any role with an education and care service or a children's service in the previous 3 years; and

(b)

includes the following details for each role—

(i)

the name of the service;

(ii)

the State or Territory in which the service was located;

(iii)

the nature of the role;

Reg. 5(1) def. of regular outing amended by S.R. No. 12/2024 reg. 5(b).

regular outing, in relation to a children's service, means a walk, drive or trip to and from a destination—

(a)

that the service visits regularly as part of its educational program; and

(b)

where the circumstances relevant to the risk assessment are substantially the same on each outing;

Reg. 5(1) def. of regular transportation inserted by S.R. No. 12/2024 reg. 5(a).

regular transportation, in relation to a children's 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;

responsible person, in relation to a children's service, means a person referred to in section 103(a) to (c) of the Act;

serious incident—see regulation 10;

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;

Reg. 5(1) def. of storey inserted by S.R. No. 12/2024 reg. 5(a).

storey, of a building, includes the following—

(a)

the ground level;

(b)

a level of a split level;

suitably qualified person means a person who has—

(a)

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 qualifications for suitably qualified persons published under regulation 137 of the national regulations; or

(b)

a qualification approved by the National Authority as a higher qualification for suitably qualified persons and included in the list of approved qualifications for suitably qualified persons published under regulation 137 of the national regulations;

the Act means the Children's Services Act 1996;

working directly with children—see regulation 11.

(2)

A requirement under these Regulations applying in relation to a stated number of children applies each time there is the stated number of children or a part of the stated number.

Example

There are 30 children aged 36 months or over (not including children over preschool age) at a children's service. Regulation 90(1)(b) requires one educator for each 11 children. In this case, 3 educators would be required.

6Prescribed entity

For the purposes of paragraph (e) of the definition of person in section 3(1) of the Act, a body politic is a prescribed entity.

Reg. 6A inserted by S.R. No. 80/2024 reg. 6.

6AApproval in principle criteria

For the purposes of the definition of approval in principle criteria in section 3(1) of the Act, the following regulations are prescribed—

(a)

regulation 78(b);

(b)

regulation 79(a) and (b);

(c)

regulation 81(4);

(d)

regulation 84.

7Types of children's service

For the purposes of these Regulations, each of the following is a type of children's service—

(a)

an occasional care service;

(b)

a limited hours service.

8Meaning of actively working towards a qualification

For the purposes of these Regulations, an educator is actively working towards a qualification if the educator—

(a)

is enrolled in the course for the qualification; and

(b)

provides the approved provider with documentary evidence from the provider of the course that—

(i)

the educator has commenced the course; and

(ii)

the educator is making satisfactory progress towards completion of the course; and

(iii)

the educator is meeting the requirements for maintaining the enrolment; and

(iv)

in the case of an approved diploma level education and care qualification, the educator—

(A)

holds an approved certificate III level education and care qualification; or

(B)

has completed the units of study in an approved certificate III level education and care qualification determined by the National Authority under the national regulations; or

(C)

has completed the percentage of total units of study required for completion of an approved early childhood teaching qualification determined by the National Authority under the national regulations.

9Meaning of in attendance at a children's service

For the purposes of these Regulations, an early childhood teacher is in attendance at a children's service if the early childhood teacher—

(a)

is physically present at the service; and

(b)

carries out education and care activities at the service including one or more of the following—

(i)

working directly with children;

(ii)

planning programs;

(iii)

mentoring, coaching or supporting educators;

(iv)

facilitating education and care research.

10Meaning of serious incident

For the purposes of the definition of serious incident in section 3(1) of the Act, each of the following is prescribed as a serious incident—

(a)

the death of a child—

(i)

while that child is being educated and cared for by a children's service; or

(ii)

following an incident occurring while that child was being educated and cared for by a children's service;

(b)

any incident involving serious injury or trauma to a child occurring while that child is being educated and cared for by a children's service—

(i)

which a reasonable person would consider required urgent medical attention from a registered medical practitioner; or

(ii)

for which the child attended, or ought reasonably to have attended, a hospital;

Example

A broken limb.

(c)

any incident involving serious illness of a child occurring while that child is being educated and cared for by a children's service for which the child attended, or ought reasonably to have attended, a hospital;

Example

Severe asthma attack, seizure or anaphylaxis reaction.

(d)

any emergency for which emergency services attended;

(e)

any circumstance where a child being educated and cared for by a children's service—

(i)

appears to be missing or cannot be accounted for; or

(ii)

appears to have been taken or removed from the children's service premises in a manner that contravenes these Regulations; or

(iii)

is mistakenly locked in or locked out of the children's service premises or any part of the premises.

Children's Services Regulations 2020

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