New South Wales Consolidated Regulations

CHILDREN'S SERVICES REGULATION 2004 - REG 80

80 Illness, accident and emergency treatment

(1) All children’s services The authorised supervisor of a children’s service must ensure that a child is not enrolled in the service unless a parent of the child:

(a) has given written authorisation for the service to seek urgent medical, dental or hospital treatment or ambulance service, and

(b) has given written consent to the carrying out of appropriate medical, dental or hospital treatment,

in the event that such action appears to be necessary because the child has been injured, or is ill, at the premises.

(2) The authorised supervisor of a children’s service must ensure that:

(a) if a child has an accident or becomes ill while being provided with the service:

(i) the child is kept under adult supervision until the child recovers or until a parent of the child or some other responsible person takes charge of the child, and

(ii) if the child requires urgent medical or dental treatment, immediate steps are taken to secure that treatment, and

(iii) the child is returned as soon as practicable to the care of a parent of the child, and

(b) if any medication or medical, hospital or dental treatment or ambulance services are obtained for a child, a parent of the child is notified as soon as practically possible of the accident or illness and the treatment or services arranged for the child, and

(c) if any other matter concerning the child’s health arises while the child is being provided with the service, a parent of the child is given notice of that matter.

(3) If the written authorisation referred to in subclause (1) (a) nominates a preferred medical practitioner or dentist to treat the child, any medical or dental treatment for the child must, if practicable, be carried out by that medical practitioner or dentist.

Note: Nothing in this clause limits the authority of a medical practitioner or dentist to carry out emergency medical or dental treatment on a child without the consent of the child’s parent as referred to in section 174 of the Act.

(4) An authorised supervisor of a children’s service who becomes aware of a serious accident involving a child attending the service, being an accident that requires the child to receive medical, dental or hospital treatment, must immediately cause notice of that fact to be given to:

(a) a parent of the child, and

(b) the Director-General, and

(c) the licensee of the service (except in the case of a home based licensee).

(5) The authorised supervisor of a children’s service who becomes aware of a serious accident involving a child attending the service, being an accident that requires the child to be hospitalised or causes the child to die, must immediately cause notice of that fact to be given to the licensee of the service.

(6) An authorised supervisor or home based licensee who becomes aware of the death of a child while being provided with the children’s service at the premises of the children’s service, must immediately cause notice of that fact to be given to:

(a) a parent of the child, and

(b) a police officer, and

(c) the Director-General, and

(d) the licensee of the service (except in the case of a home based licensee).

(7) Centre based or mobile children’s service The licensee of a centre based or mobile children’s service must develop and maintain procedures and policies to ensure that the authorised supervisor and the primary contact staff of the service comply with the requirements of this clause.

(8) Family day care children’s service The licensee of a family day care children’s service must develop and maintain procedures and policies to ensure that the authorised supervisor and the family day care carers of the service comply with the requirements of this clause.