Children's Services Regulations 2020

For the purposes of section 115(1) of the Act, the following documents are prescribed in relation to each children's service operated by the approved provider—

the documentation of child assessments or evaluations for delivery of the educational program as set out in regulation 43;

an incident, injury, trauma and illness record as set out in regulation 56;

a medication record as set out in regulation 61;

a record of children embarking a means of transport at the children's service premises as set out in regulation 71H(4)(c);

a record of children disembarking a means of transport at the children's service premises as set out in regulation 71I(4)(d);

a staff record as set out in regulation 97;

a record of volunteers and students as set out in regulation 100;

the records of the responsible person at the service as set out in regulation 101;

a record of educators working directly with children as set out in regulation 102;

a record of attendance of early childhood teachers as set out in regulation 103;

a children's attendance record as set out in regulation 107;

child enrolment records as set out in regulation 108;

a record of the children's service's compliance with the Act as set out in regulation 111;

a record of each nominated supervisor and any person in day-to-day charge of the children's service under section 103 of the Act.

The approved provider of the children's service must take reasonable steps to ensure the documents referred to in subregulation (1) are accurate.

Subject to Subdivision 4 of this Division, the approved provider of the children's service must ensure that—

subject to subregulations (4) and (5), the documents referred to in subregulation (1) in relation to a child enrolled at the service are made available to a parent of the child on request; and

the record of compliance referred to in subregulation (1)(k) is able to be accessed on request by any person.

If a parent's access to information of the kind in the documents referred to in subregulation (1) is limited by an order of a court or tribunal that is kept on the child's enrolment record, the approved provider must refer to that order before releasing information concerning the child to that parent.

Before disclosing to a parent of a child enrolled at the service any personal information relating to a person specified in subregulation (6) that is contained in a document referred to in subregulation (1), the approved provider must obtain the written consent of the person to whom the personal information relates to the disclosure of that personal information.

The following persons are specified—

a parent of a child enrolled at the service, if that person is not the parent making the request under subregulation (3)(a);

a person who is required to be notified of an emergency involving a child enrolled at the service if a parent of the child cannot be immediately contacted;

an authorised nominee of a child enrolled at the service;

a person who is authorised to consent to medical treatment of, or to authorise administration of medication to, a child enrolled at the service;

a person who is authorised to authorise an educator to take a child enrolled at the service outside the service premises;

a person who is authorised to authorise the service to transport a child enrolled at the service or arrange transportation of a child enrolled at the service.

A person who has given their written consent under subregulation (5) may withdraw their consent in writing at any time before the personal information is disclosed.

In this regulation—