CHILDREN'S SERVICES REGULATIONS 2009

Victorian Consolidated Regulations

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CHILDREN'S SERVICES REGULATIONS 2009

S.R. No. 53/2009
Version incorporating amendments as at 1 January 2012

TABLE OF PROVISIONS

Regulation Page

PART 1-PRELIMINARY

1. Objective
2. Authorising provision
3. Commencement
4. Revocation
5. Definitions

PART 2-LICENSING OF CHILDREN'S SERVICES

Division 1-Applications for approval of premises

6. Application for approval of premises

Division 2-Types of licences

7. Types of licences

Division 3-Applications for licences

8. Application for licence

Division 4-Prescribed conditions on licences

9. Prescribed conditions
10. Condition limiting number of school children cared for
11. Conditions applying to licences to operate limited hours
services
12. Conditions applying to licences to operate short term services
13. Conditions applying to licences to operate school holidays care services
14. Revoked

Division 5-Applications for approval of nominees

15. Approval of new nominees
16. Revoked

Division 6-Applications for renewals and variations of licences

17. Renewal of licence to operate a children's service
18. Revoked
19. Renewal of licence-late application fee
20. Variation or removal of licence condition
21. Variation of period of licence

Division 7-Suspension and cancellation of licences

22. Application for voluntary suspension of licence
23. Cancellation of licence at request of licensee

Division 8-Information not prescribed for certain classes of applications

24. Information not prescribed for certain classes of applications

Division 9-Revoked

PART 2A-SERVICE APPROVALS FOR APPROVED ASSOCIATED CHILDREN'S SERVICES

24A. Application for approval of new nominees and primary
nominees
24B. Application for voluntary suspension of service approval for approved associated children's service
24C. Cancellation of service approval for approved associated children's service at request of approved provider

PART 2B-REGISTERS

25. Register of licensed children's services and approved associated children's services
26. Fees for copies and extracts
27. Revoked

PART 3-RECORDS

Division 1-Enrolment and other documents

28. Enrolment and other documents

Division 2-Attendance records

29. Attendance record kept by proprietor of a children's service
30. Revoked

Division 3-Child enrolment records

31. Child enrolment records-general
32. Revoked
33. Authorisations to be kept in child enrolment record
34. Health information to be kept in child enrolment record
35. Confidentiality of child enrolment records

Division 4-Medication records and accident, injury, trauma and illness records

36. Matters to be recorded in medication record
37. Matters to be recorded in accident, injury, trauma and illness record

Division 5-Staff records

38. Matters to be recorded in staff record
39. Revoked

PART 4-PROVISION AND DISPLAY OF INFORMATION

Division 1-Revoked

40. Information to be displayed at children's service
41. Information to be made available at children's service
42. Notice of changes to information
43. Information to be available-anaphylaxis management policy
44. Information to be available-accident, injury, trauma and
illness record

Division 2-Revoked

45-49. Revoked

PART 5-STAFFING

Division 1-Minimum staff requirements

50. Minimum staff requirements
51. Minimum staff requirements-certain school holidays care services
52. Minimum hours of teaching staff-services educating and
caring for 25 or more children
52A. Minimum hours of teaching staff-services educating or
caring for fewer than 25 children

Division 2-Child/staff ratios

53. Child/staff ratios-standard services
54. Child/staff ratios-school holidays care services
55. Child/staff ratios-limited hours services
56. Child/staff ratios-short term services
57. Qualified staff members
58. Proportion of volunteers counted in child/staff ratio
59. Alternative process for determining certain child/staff ratios

Division 3-Qualifications and training

60. Minimum training
61. Revoked
62. Secretary may declare qualifications or training
63. Staff members to have first aid and anaphylaxis management training
64. Revoked
65. Adrenaline auto-injection device and CPR training
66. Secretary may approve first aid and anaphylaxis management training
67. Anaphylaxis training where child diagnosed as at risk
68. Health of staff members
69. Revoked
70. Assessment notices
70A. Assessment notices-approved associated children's services

PART 6-HEALTH AND WELFARE OF CHILDREN

Division 1-Access to and removal of children from the premises

71. Access to the premises
72. Collection of children
73. Authorisation for removal of child by staff member
74. Additional requirements where child removed by staff member
75. Removal of child in emergency

Division 2-Safety

76. Emergency procedures
77. Communication equipment

Division 3-Personal hygiene, food and beverage requirements and smoke-free environment

78. Personal hygiene needs of children
79. Water to be available
80. Food and beverage requirements
81. Food provided by the children's service
82. Smoke-free environment

Division 4-Administration of medication

83. Authorisation to administer medication

Division 5-First aid and illness

84. First aid kit
85. Revoked
86. Provision of first aid
87. Anaphylaxis management policy
88. Sick or injured child
89. Notification of infectious disease

Division 6-Serious incidents

90. Secretary to be notified of a serious incident
91. Parents to be notified of a serious incident

PART 7-EQUIPMENT AND FACILITIES

Division 1-Application of Part

92. Provisions which do not apply to particular services

Division 2-Equipment

93. Equipment

Division 3-Rooms and space

94. Revoked
95. Children's rooms
95A. Children's rooms-approved associated children's services
96. Area of children's rooms
97. Outdoor space
98. Outdoor space-school holidays care services
99. Fencing
100. Administration room

Division 4-Toileting, rest and food preparation facilities

101. Toilet and washing facilities
102. Nappy changing facilities
103. Sleep and rest facilities
104. Food preparation facilities

PART 8-GENERAL

105. Complaints
106. Act and Regulations to be available

PART 9-TRANSITIONAL AND SAVING PROVISIONS

Division 1-Interpretation

107. Definitions

Division 2-Provisional licences

108. Provisional licences

Division 3-Existing applicants

109. Transitional provision with respect to pending applications
for approvals in principle
110. Transitional provisions for applicants for a licence to operate
a children's service-general
111. Transitional provisions for applicants for a licence to operate
a restricted children's service

Division 4-Existing licensed children's services

112. Savings provision for fit and proper persons for existing
licensed children's services
113. Savings provision for nominees for existing licensed children's services
114. Transitional provision with respect to existing licensed
children's services-standard services
115. Transitional provisions for existing licensed children's
ervices-restricted hours services
116. Transitional provisions to merge licences into an integrated licence

Division 5-Training and staffing

117. Transitional provision with respect to teaching staff members
118. Transitional provisions with respect to minimum training
119. Transitional provision with respect to minimum training-outside school hours care services
120. Transitional provision with respect to minimum training-
family day care services
121. Transitional provisions with respect to child/staff ratios
122. Transitional provisions for first aid training
123. Transitional provision for minimum ages of staff members

Division 6-Miscellaneous

124. Saving provision for outside school hours care service
125. Secretary may approve professional development courses
126. Part ceases to apply on 1 January 2012.

PART 10-TRANSITIONAL AND SAVING PROVISIONS-CHILDREN'S SERVICES AMENDMENT ACT 2011.

127. Definitions
128. Transitional provision-existing licensed children's services providing education and care during school holidays
129. Transitional provision with respect to teaching staff members
130. Transitional provisions with respect to minimum training-services other than school holidays care services
131. Transitional provisions with respect to minimum training-school holidays care services
__________________
SCHEDULE 1-Prescribed Information

PART 1-INTERPRETATION
1. Definitions
2. Charges and convictions declaration
3. Control declaration
4. Identity statement
5. Referee statement
6. Proposed accepted nominee declaration

PART 2-APPLICATION FOR APPROVAL OF PREMISES

Division 1-Applications for use of particular premises or to construct premises
7. Standard children's services
8. School holidays care services
9. Additional information for school holidays care services at locations other than registered schools
10. Additional information for school holidays care services in registered schools
11. Limited hours services
12. Short term services
13. Integrated services
13A. Additional information-education and care service on same premises

Division 2-Applications for approval of alterations or extensions
to premises
14. Applications for approval of alterations or extensions to
premises

PART 3-APPLICATION FOR LICENCE TO OPERATE A CHILDREN'S SERVICE
15. Children's services other than integrated services
16. Integrated services
17. Revoked

PART 4-APPLICATIONS FOR APPROVAL OF NEW NOMINEES
18. Applications for approval of new nominees

PART 5-Revoked
19. Revoked

PART 6-APPLICATIONS FOR RENEWAL OF LICENCES

Division 1-Revoked
20. Renewal of licences

Division 2-Revoked
21. Revoked

PART 7-APPLICATIONS FOR VARIATION OF LICENCES

Division 1-Application to vary or revoke a condition or impose
a new condition on a licence
22. Application to vary or revoke a condition or impose a new condition on a licence

Division 2-Application to vary period of licence
23. Application to vary period of licence

PART 8-APPLICATION FOR A VOLUNTARY SUSPENSION
OF LICENCE
24. Application for a voluntary suspension of licence

PART 9-REQUEST TO CANCEL LICENCE
25. Request by licensee to cancel licence

PART 10-Revoked
Divisions 1, 2-Revoked
26, 27. Revoked

PART 11-DETERMINATION OF FIT AND PROPER PERSON
28. Information and documents relating to the applicant
29. Information and documents relating to body corporate
applicant
30. Information and documents relating to directors and officers
of a body corporate applicant
31. Information and documents relating to nominees

PART 12-APPLICATION FOR APPROVAL OF NEW NOMINEES FOR APPROVED ASSOCIATED CHILDREN'S SERVICES
32. Application for approval of new nominees and primary
nominees

PART 13-APPLICATION FOR VOLUNTARY SUSPENSION
OF SERVICE APPROVAL FOR APPROVED ASSOCIATED CHILDREN'S SERVICE
33. Application for voluntary suspension of service approval for approved associated children's service

PART 14-APPLICATION FOR CANCELLATION OF
SERVICE APPROVAL FOR APPROVED ASSOCIATED CHILDREN'S SERVICES
34. Application for cancellation of service approval for approved associated children's service at request of approved provider
SCHEDULE 2-Prescribed Fees

PART 1-FEES FOR APPLICATIONS FOR APPROVAL OF PREMISES
1. Fees for applications for approval of premises proposed to
be used or constructed for use in operating a children's service
2. Fees for applications for approval of alterations or extensions
to premises

PART 2-FEES FOR APPLICATION FOR LICENCE TO OPERATE A CHILDREN'S SERVICE
3. Fees for applications for licence to operate a children's service
4. Revoked

PART 3-FEES FOR APPLICATIONS FOR RENEWAL OF LICENCES
5. Fees for applications for renewal of licence to operate a
children's service
6. Fees for late application for renewal of licence to operate children's service

PART 4-FEES FOR APPLICATIONS FOR VARIATION OF LICENCES
7. Fees for applications to vary or revoke a condition or
restriction or to impose a condition or restriction on a licence
8. Fees for application to vary period of a licence
SCHEDULE 3-Anaphylaxis Management Policy
1. Prescribed matters
2. Anaphylaxis medical management plan
3. Risk minimisation plan
4. Communication plan
SCHEDULE 4-Revoked
1, 2. Revoked
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Detail

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