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reg 3

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

In force
Part 1Preliminary

3 A 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.

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