New South Wales Consolidated Regulations

CHILDREN'S SERVICES REGULATION 2004 - REG 51

51 Employment of staff

(1) The licensee of a centre based or mobile children’s service must not employ a person as a member of the primary contact staff for the service unless the licensee is satisfied that the person is a fit and proper person to be a member of the primary contact staff.

Note: Part 7 of the Commission for Children and Young People Act 1998 requires an employer to conduct employment screening of a preferred applicant for certain child-related employment, including employment in child care centres.
The Child Protection (Prohibited Employment) Act 1998 prohibits a person convicted of a serious sex offence from applying for, undertaking or remaining in child-related employment.

(2) For the purposes of subclause (1), the licensee of a centre based or mobile children’s service must ensure that each person whom the licensee employs or proposes to employ as a member of the primary contact staff has:

(a) an understanding of the principles set out in section 202 of the Act, and

(b) an understanding that the environment of a children’s service must be safe for children, and

(c) a basic knowledge of the stages of physical, emotional, cognitive, social and cultural development of children, and

(d) a basic knowledge of activities and learning experiences that are appropriate for the various ages and stages of development of children, and

(e) a basic knowledge of the health, hygiene and nutrition needs of children, and

(f) except in the case of a trainee, experience in caring for children.

(3) A licensee of a centre based or mobile children’s service must not employ a person as a member of the primary contact staff of the service unless the person is at least 18 years of age.

(4) The licensee of a centre based or mobile children’s service is to ensure that all primary contact staff for the service understand their responsibilities under the child protection legislation.