New South Wales Consolidated Regulations

CHILDREN'S SERVICES REGULATION 2004

- Made under the Children and Young Persons (Care and Protection) Act 1998
- As at 3 November 2009
- Reg 260 of 2004

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Name of Regulation
   2.      Commencement
   3.      Application
   4.      Definitions
   5.      Meaning of “notifiable offence”
   6.      Meaning of “required abilities to care for children”

   PART 2 - LICENSING PROCEDURES

           Division 1 - Applications for licences

   7.      Who may apply for a licence?
   8.      How is an application made?
   9.      Personal information to be contained in application
   10.     Identity documents to accompany application
   11.     Documents showing applicant is a fit and proper person
   12.     Information to be provided by applicant who is neither a natural person nor a public authority
   13.     Information about training and development
   14.     Information about abilities, experience and capacity of applicant for a licence for a home based children’s service
   15.     Authorised supervisor
   16.     Information about premises to accompany application-centre based or mobile children’s service
   17.     Venue management plans for mobile children’s services
   18.     Statements and undertakings about facilities and equipment, administration and policies to accompany application
   19.     Waiver and postponement of certain requirements
   20.     Advertising of application and copy of advertisement to accompany application
   21.     Further licences

           Division 2 - Licences

   22.     Grant of licence
   23.     Form of licence
   24.     Term of licence
   25.     Licence conditions generally

           Division 3 - Variation, suspension and revocation of licences

   26.     Grounds for variation, suspension or revocation of licences
   27.     Variation, suspension or revocation of licence
   28.     Notice to parents of variation or revocation of licence
   29.     Change of mobile children’s service

   PART 3 - LICENCE CONDITIONS-FACILITIES AND EQUIPMENT REQUIREMENTS

           Division 1 - Facilities

   30.     Space requirements: centre based children’s services
   31.     Laundry
   32.     Craft preparation facilities: centre based or mobile children’s service
   33.     Food preparation facilities
   34.     Toilets and washing facilities
   35.     Nappy change facilities
   36.     Sleeping facilities
   37.     Storage facilities
   38.     Swimming pools

           Division 2 - Equipment

   39.     Telephone
   40.     Development and play equipment
   41.     First aid kits
   42.     Fire safety equipment

           Division 3 - General

   43.     Ventilation, light and heating
   44.     Hot water
   45.     Fencing
   46.     Glass
   47.     Cleanliness, maintenance and repairs
   48.     Safe environment-centre based or mobile children’s service
   49.     Repair of premises
   50.     Facilities and equipment requirements-responsibility of family day care carer

   PART 4 - LICENCE CONDITIONS-STAFFING REQUIREMENTS

           Division 1 - Staff of centre based and mobile children’s services

   51.     Employment of staff
   52.     Qualified staff
   53.     Staff to child ratios
   54.     Cooking staff
   55.     Additional staff
   56.     Supervision by authorised supervisor-centre based children’s service

           Division 2 - Use of volunteers

   57.     Use of volunteers

   PART 5 - LICENCE CONDITIONS-CHILD NUMBER REQUIREMENTS

   58.     Number of children
   59.     Director-General may approve emergency child care arrangements
   60.     Requirements for approval of emergency child care arrangements
   61.     Group size-centre based or mobile children’s service
   62.     Caring for school children at service-centre based or mobile children’s service
   63.     Service to be provided only to children enrolled at service

   PART 6 - LICENCE CONDITIONS-OPERATIONAL REQUIREMENTS

           Division 1 - General

   64.     Programs for children
   65.     Interactions with children
   66.     Supervision of children
   67.     Child health
   68.     Food and nutrition
   69.     Pool safety
   70.     Storage of dangerous substances and equipment
   71.     Animals
   72.     Plants

           Division 2 - Information about and access to children

   73.     Obtaining information about child
   74.     Arrival and departure of child
   75.     Access to children
   76.     Information and access to be denied to certain persons

           Division 3 - Excursions

   77.     Authority for excursions
   78.     Conduct of excursions: general
   79.     Conduct of excursions: water hazards

           Division 4 - Emergencies

   80.     Illness, accident and emergency treatment
   81.     Medication
   82.     Infectious diseases
   83.     Emergency and evacuation procedures
   84.     Family day care carer or home based licensee to hold first aid qualification

   PART 7 - LICENCE CONDITIONS-ADMINISTRATIVE REQUIREMENTS

           Division 1 - Information

   85.     Policies to be made available
   86.     Information or documents required by Director-General
   87.     Entry and inspection
   88.     Notice of complaint
   89.     Public liability insurance
   90.     Display of licence and family day care carer’s certificate of registration
   91.     Copy of Regulation to be kept on premises of service

           Division 2 - Records

   92.     Records in relation to children
   93.     Records in relation to staff and visitors
   94.     Records in relation to attendance at children’s service
   95.     Records about programs for children, developmental records, daily routine
   96.     Retention of records
   97.     Inspection of records
   98.     Confidentiality guidelines
   99.     Mobile children’s service register
   100.    Family day care register
   101.    Removal of names from family day care register

           Division 3 - Authorised supervisors

   102.    Change of authorised supervisor
   103.    Temporary supervisors
   104.    Application of licence conditions if no authorised supervisor
   105.    Notice of change relating to authorised supervisor

           Division 4 - Miscellaneous

   106.    Notice of proposed change to constitution of licensee
   107.    Notice of change in management of licensee: public authorities
   108.    Notice of change in management of licensee: bodies other than public authorities
   109.    Notice of significant change in circumstances of licensee
   110.    Notice of change in contact information to be notified
   111.    Notice of cessation of children’s service
   112.    Notice of changes to premises-centre based, mobile or home based children’s service
   113.    Notice of change to family day care carer’s home
   114.    Notice of criminal charges or convictions-licensee
   115.    Notice of criminal charges or convictions-family day care carer
   116.    Informing and meeting family day care carers

   PART 8 - PROBITY CHECKS

   117.    Probity check of proposed licensee and supervisor
   118.    Probity checks of proposed staff
   119.    Nature of probity check
   120.    By whom probity check to be carried out
   121.    Probity check to be carried out in compliance with guidelines
   122.    Unauthorised disclosure or dishonest collection of information

   PART 8A - APPROVED CHILD-MINDING SERVICES IN RETAIL SHOPPING CENTRES

   122A.   Application of Part
   122B.   Definitions
   122C.   Child-minding services to which this Part applies to comply with the Standards
   122D.   Application for approval
   122E.   Approvals
   122F.   Probity checks
   122G.   Director-General may require information or documents
   122H.   Effect of approval

   PART 9 - MISCELLANEOUS

   123.    Review by Administrative Decisions Tribunal-general
   123A.   Review by Administrative Decisions Tribunal of certain family day care service licensee’s decisions
   124.    Original documents may be used instead of certified copies
   125.    Savings and transitional provisions
           SCHEDULE 1
           SCHEDULE 1A
           SCHEDULE 2
           SCHEDULE 99 Dictionary