Western Australian Current Regulations

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EDUCATION AND CARE SERVICES NATIONAL REGULATIONS 2012


TABLE OF PROVISIONS

CHAPTER 1 -- Preliminary  

   1.      Citation  
   2.      Authorising provisions  
   3.      Commencement  
   4.      Definitions  
   5.      Services that are not education and care services  
   6.      Eligible association  
   7.      Prescribed rating system  
   8.      National Quality Standard  
   9.      Prescribed entities  
   10.     Meaning of actively working towards a qualification  
   11.     Meaning of in attendance at a centre‑based service  
   12.     Meaning of serious incident  
   13.     Meaning of working directly with children

CHAPTER 2 -- Approvals and certificates

   PART 2.1 -- Provider approvals  

   14.     Application for provider approval by individual  
   15.     Application for provider approval by person other than an individual  
   16.     Matters relating to criminal history  
   17.     Application for amendment of provider approval  
   18.     Maximum period of suspension of provider approval  
   19.     Application for voluntary suspension of provider approval  
   20.     Application by individual executor for provider approval  
   21.     Application by executor other than an individual for provider approval  
   22.     Application by individual for provider approval on incapacity of approved provider  
   23.     Application by person other than an individual for provider approval on incapacity of approved provider

   PART 2.2 -- Service approvals

           Division 1 -- Applications for service approvals  

   24.     Application for service approval -- centre‑based service  
   25.     Additional information about proposed education and care service premises  
   26.     Application for service approval -- family day care service  
   27.     Additional matters to have regard to in determining application for service approval  
   28.     Additional grounds for refusal to grant service approval  
   29.     Condition on service approval -- insurance  
   30.     Condition on service approval -- family day care educator insurance  
   31.     Condition on service approval -- quality improvement plan  
   32.     Condition on service approval -- entitlement to occupy premises  
   33.     Annual fees

           Division 2 -- Amendment of service approval and notice of change to nominated supervisor  

   34.     Prescribed information for application to amend service approval  
   35.     Notice of change to nominated supervisor

           Division 3 -- Transfer of service approval  

   36.     Notice of transfer of service approval -- centre‑based service  
   37.     Notice of transfer of service approval -- family day care service  
   38.     Notification of decision to intervene in transfer of service approval

           Division 4 -- Suspension of service approval  

   39.     Maximum period of suspension of service approval  
   40.     Application for voluntary suspension of service approval

           Division 5 -- Service waiver  

   41.     Service waiver -- prescribed elements  
   42.     Prescribed information -- application for service waiver  
   43.     Prescribed period -- revocation of service waiver

           Division 6 -- Temporary waiver  

   44.     Temporary waiver -- prescribed elements  
   45.     Application for temporary waiver

   PART 2.3 -- Supervisor certificates

           Division 1 -- Applications for supervisor certificates  

   46.     Application for supervisor certificate  
   47.     Minimum requirements for qualifications, experience and management capability  
   48.     Matters relating to criminal history  
   49.     Prescribed classes of persons for grant of supervisor certificate  
   50.     Issue of supervisor certificate -- supervisor in prescribed class

           Division 2 -- Amendment of supervisor certificate  

   51.     Application for amendment of supervisor certificate

           Division 3 -- Suspension of supervisor certificate  

   52.     Maximum period of suspension of supervisor certificate  
   53.     Prescribed information -- voluntary suspension of supervisor certificate

           Division 4 -- Process for certified supervisor to be placed in day to day charge  

   54.     Process for certified supervisor to be placed in day to day charge of education and care service

CHAPTER 3 -- Assessments and ratings

   PART 3.1 -- Quality improvement plans  

   55.     Quality improvement plans  
   56.     Review and revision of quality improvement plans

   PART 3.2 -- Prescribed rating levels  

   57.     Rating levels  
   58.     Prescribed provisional rating  
   59.     Significant Improvement Required  
   60.     Working Towards National Quality Standard  
   61.     Meeting National Quality Standard  
   62.     Exceeding National Quality Standard

   PART 3.3 -- Assessment

           Division 1 -- Assessment  

   63.     Assessing approved education and care services  
   64.     Matters for determination of rating  
   65.     Assessment and rating of new education and care services

           Division 2 -- Reassessment  

   66.     Application for reassessment  
   67.     Reassessment by Regulatory Authority

   PART 3.4 -- Review of ratings

           Division 1 -- Review of ratings by Regulatory Authority  

   68.     Prescribed information for request for review of rating

           Division 2 -- Review of ratings by Ratings Review Panel  

   69.     Application for further review by Ratings Review Panel  
   70.     Prescribed areas of expertise or expert knowledge of Ratings Review Panel pool

   PART 3.5 -- Highest rating  

   71.     Application or reapplication for the highest rating

   PART 3.6 -- Offences  

   72.     Offences in relation to giving false or misleading statements about ratings

CHAPTER 4 -- Operational requirements

   PART 4.1 -- Educational program and practice  

   73.     Educational program  
   74.     Documenting of child assessments or evaluations for delivery of educational program  
   75.     Information about educational program to be kept available  
   76.     Information about educational program to be given to parents

   PART 4.2 -- Children’s health and safety

           Division 1 -- Health, safety and wellbeing of children  

   77.     Health, hygiene and safe food practices  
   78.     Food and beverages  
   79.     Service providing food and beverages  
   80.     Weekly menu  
   81.     Sleep and rest  
   82.     Tobacco, drug and alcohol‑free environment  
   83.     Staff members and family day care educators not to be affected by alcohol or drugs  
   84.     Awareness of child protection law

           Division 2 -- Incidents, injury, trauma and illness  

   85.     Incident, injury, trauma and illness policies and procedures  
   86.     Notification to parents of incident, injury, trauma and illness  
   87.     Incident, injury, trauma and illness record  
   88.     Infectious diseases  
   89.     First aid kits

           Division 3 -- Medical conditions policy  

   90.     Medical conditions policy  
   91.     Medical conditions policy to be provided to parents

           Division 4 -- Administration of medication  

   92.     Medication record  
   93.     Administration of medication  
   94.     Exception to authorisation requirement -- anaphylaxis or asthma emergency  
   95.     Procedure for administration of medication  
   96.     Self‑administration of medication

           Division 5 -- Emergencies and communication  

   97.     Emergency and evacuation procedures  
   98.     Telephone or other communication equipment

           Division 6 -- Collection of children from premises and excursions  

   99.     Children leaving the education and care service premises  
   100.    Risk assessment must be conducted before excursion  
   101.    Conduct of risk assessment for excursion  
   102.    Authorisation for excursions

   PART 4.3 -- Physical environment

           Division 1 -- Centre‑based services and family day care services  

   103.    Premises, furniture and equipment to be safe, clean and in good repair  
   104.    Fencing  
   105.    Furniture, materials and equipment  
   106.    Laundry and hygiene facilities  
   107.    Space requirements -- indoor space  
   108.    Space requirements -- outdoor space  
   109.    Toilet and hygiene facilities  
   110.    Ventilation and natural light

           Division 2 -- Additional requirements for centre‑based services  

   111.    Administrative space  
   112.    Nappy change facilities  
   113.    Outdoor space -- natural environment  
   114.    Outdoor space -- shade  
   115.    Premises designed to facilitate supervision

           Division 3 -- Additional provisions for family day care services  

   116.    Assessments of family day care residences and approved family day care venues  
   117.    Glass

   PART 4.4 -- Staffing arrangements

           Division 1 -- Educational leader  

   118.    Educational leader

           Division 2 -- Age and supervision requirements  

   119.    Family day care educator and family day care educator assistant to be at least 18 years old  
   120.    Educators who are under 18 to be supervised

           Division 3 -- Minimum number of educators required  

   121.    Application of Division 3  
   122.    Educators must be working directly with children to be included in ratios  
   123.    Educator to child ratios -- centre‑based services  
   124.    Number of children who can be educated and cared for -- family day care educator

           Division 4 -- Educational qualifications for educators  

   125.    Application of Division 4  
   126.    Centre‑based services -- general educator qualifications  
   127.    Family day care educator qualifications  
   128.    Family day care co‑ordinator qualifications

           Division 5 -- Requirements for educators who are early childhood teachers  

   129.    Application of Division 5  
   130.    Requirement for early childhood teacher -- centre‑based services -- fewer than 25 approved places  
   131.    Requirement for early childhood teacher -- centre‑based services -- 25 or more approved places but fewer than 25 children  
   132.    Requirement for early childhood teacher -- centre‑based services -- 25 to 59 children  
   133.    Requirement for early childhood teacher -- centre‑based services -- 60 to 80 children  
   134.    Requirement for early childhood teacher -- centre‑based services -- more than 80 children  
   135.    Early childhood teacher illness or absence

           Division 6 -- First aid qualifications  

   136.    First aid qualifications

           Division 7 -- Approval and determination of qualifications  

   137.    Approval of qualifications  
   138.    Application for qualification to be assessed for inclusion on the list of approved qualifications  
   139.    Application for determination of equivalent qualification  
   140.    Application for determination of an equivalent qualification  
   141.    Additional information for application for determination of equivalent qualification  
   142.    Translations of documents  
   143.    Certification of documents

           Division 8 -- Family day care educator assistant  

   144.    Family day care educator assistant

           Division 9 -- Staff and educator records -- centre‑based services  

   145.    Staff record  
   146.    Nominated supervisor  
   147.    Staff members  
   148.    Educational leader  
   149.    Volunteers and students  
   150.    Responsible person  
   151.    Record of educators working directly with children  
   152.    Record of access to early childhood teachers

           Division 10 -- Register of family day care educators and records of family day care service  

   153.    Register of family day care educators  
   154.    Record of staff, family day care co‑ordinators and family day care educator assistants

   PART 4.5 -- Relationships with children  

   155.    Interactions with children  
   156.    Relationships in groups

   PART 4.6 -- Collaborative partnerships with families and communities  

   157.    Access for parents

   PART 4.7 -- Leadership and service management

           Division 1 -- Management of services  

   158.    Children’s attendance record to be kept by approved provider  
   159.    Children’s attendance record to be kept by family day care educator  
   160.    Child enrolment records to be kept by approved provider and family day care educator  
   161.    Authorisations to be kept in enrolment record  
   162.    Health information to be kept in enrolment record  
   163.    Residents at family day care residence and family day care educator assistants to be fit and proper persons  
   164.    Requirement for notice of new persons at residence  
   165.    Record of visitors  
   166.    Children not to be alone with visitors  
   167.    Record of service’s compliance

           Division 2 -- Policies and procedures  

   168.    Education and care service must have policies and procedures  
   169.    Additional policies and procedures -- family day care service  
   170.    Policies and procedures to be followed  
   171.    Policies and procedures to be kept available  
   172.    Notification of change to policies or procedures

           Division 3 -- Information and record‑keeping requirements  

   173.    Prescribed information to be displayed  
   174.    Time to notify certain circumstances to Regulatory Authority  
   175.    Prescribed information to be notified to Regulatory Authority  
   176.    Time to notify certain information to Regulatory Authority  
   177.    Prescribed enrolment and other documents to be kept by approved provider  
   178.    Prescribed enrolment and other documents to be kept by family day care educator  
   179.    Family day care educator to provide documents on leaving service  
   180.    Evidence of prescribed insurance  
   181.    Confidentiality of records kept by approved provider  
   182.    Confidentiality of records kept by family day care educator  
   183.    Storage of records and other documents  
   184.    Storage of records after service approval transferred  
   185.    Law and regulations to be available

CHAPTER 5 -- Review, enforcement and compliance

   PART 5.1 -- Internal review  

   186.    Application for internal review of reviewable decision

   PART 5.2 -- Enforcement and compliance  

   187.    Prescribed form of identity card  
   188.    Compliance directions  
   189.    Application to cancel prohibition notice  
   190.    Infringement offences  
   191.    False or misleading information or documents

CHAPTER 6 -- Administration

   PART 6.1 -- Australian Children’s Education and Care Quality Authority  

   192.    Co‑operation with prescribed classes of body  
   193.    Allocating, transferring or reimbursing money to a participating jurisdiction  
   194.    Investment of Authority Fund

   PART 6.2 -- Information, records and privacy -- National Authority and Regulatory Authorities

           Division 1 -- Application of Commonwealth Privacy Act 1988  

   195.    Application of Commonwealth Privacy Act 1988  
   196.    Modifications relating to National Education and Care Services Privacy Commissioner and staff  
   197.    Modifications about financial matters  
   198.    Modifications about annual report  
   199.    Modifications relating to National Authority and Regulatory Authorities  
   200.    Modifications relating to determinations  
   201.    Miscellaneous modifications  
   202.    Relevant administrative tribunal  
   203.    Regulations

           Division 2 -- Application of Commonwealth Freedom of Information Act 1982  

   204.    Application of Commonwealth Freedom of Information Act 1982  
   205.    Modifications relating to National Education and Care Services Freedom of Information Commissioner and staff  
   206.    Modifications about financial matters  
   207.    Modifications about annual report  
   208.    Modifications relating to National Authority and Regulatory Authorities  
   209.    Miscellaneous modifications  
   210.    Relevant administrative tribunal  
   211.    Regulations

           Division 3 -- Application of New South Wales State Records Act 1998  

   212.    Application of State Records Act  
   213.    Modifications relating to State Records Authority and its Board and Director  
   214.    Modifications relating to National Authority  
   215.    Modifications relating to Ministerial Council  
   216.    Miscellaneous modifications  
   217.    Regulations

           Division 4 -- Application of Commonwealth Ombudsman Act 1976  

   218.    Application of Commonwealth Ombudsman Act  
   219.    Modifications relating to Education and Care Services Ombudsman and staff  
   220.    Modifications about financial matters  
   221.    Modifications about annual report  
   222.    Modifications relating to National Authority and Regulatory Authorities  
   223.    Miscellaneous modifications  
   224.    Relevant administrative tribunal  
   225.    Regulations

           Division 5 -- Publication of information  

   226.    Publication of information  
   227.    Compliance and enforcement information  
   228.    Timing of publication where internal or external review of enforcement action is available

           Division 6 -- Registers  

   229.    Register of approved providers  
   230.    Register of approved education and care services  
   231.    Register of certified supervisors

   PART 6.3 -- Fees  

   232.    Prescribed fees  
   233.    Late payment fees (annual fees)  
   234.    Waiver, reduction, deferral and refund of fees  
   235.    Indexation of fees  
   236.    Publication of indexed fees

   PART 6.4 -- Delegations  

   237.    Delegation

CHAPTER 7 -- Jurisdiction‑specific and transitional and saving provisions

   PART 7.1 -- General transitional and saving provisions

           Division 1 -- Quality improvement plans  

   238.    Quality improvement plans

           Division 1A -- Prescribed classes of persons for grant of supervisor certificate  

   238A.   Prescribed classes of persons for grant of supervisor certificate

           Division 2 -- Staffing arrangements  

   239.    Centre‑based service offering a preschool program in a composite class in a school  
   239A.   Centre‑based services in remote and very remote areas -- attendance of early childhood teachers  
   240.    Qualifications for educators -- centre‑based service  
   241.    Persons taken to hold an approved early childhood teaching qualification  
   242.    Persons taken to be early childhood teachers  
   243.    Persons taken to hold an approved diploma level education and care qualification  
   243A.   Persons taken to hold an approved diploma level education and care qualification for regulation 128 in Queensland  
   244.    Persons taken to hold an approved certificate III level education and care qualification  
   245.    Person taken to hold approved first aid qualification  
   246.    Anaphylaxis training  
   247.    Asthma management training

           Division 3 -- Physical environment  

   248.    Centre‑based service offering a preschool program in a composite class in a school  
   249.    Declared approved services (other than declared approved family day care services)  
   250.    Declared approved family day care services  
   251.    Declared out of scope services

           Division 4 -- Information retention and sharing  

   252.    Information held by Regulatory Authority or regulatory body  
   253.    Information kept by approved provider

           Division 5 -- Declared approved learning frameworks  

   254.    Declared approved learning frameworks

           Division 6 -- Fees  

   255.    Fees for application for provider approval for declared out of scope service

           Division 7 -- General provisions relating to exemptions  

   256.    Publication where service taken to comply with regulations  
   257.    Application for removal of exemption

   PART 7.2 -- Australian Capital Territory -- specific provisions

   PART 7.3 -- New South Wales -- specific provisions

   PART 7.4 -- Northern Territory -- specific provisions

   PART 7.5 -- Queensland -- specific provisions

   PART 7.6 -- South Australia -- specific provisions

   PART 7.7 -- Tasmania -- specific provisions

   PART 7.8 -- Victoria -- specific provisions

   PART 7.9 -- Western Australia -- specific provisions

           Division 1 -- Application of PART 7.9  

   367.    Application of PART 7.9  
   368.    Definitions

           Division 1A -- Exceeding National Quality Standard  

   368A.   Exceeding National Quality Standard: educational program and practice quality area

           Division 2 -- Minimum number of educators and qualifications required -- children over preschool age  

   369.    Educator to child ratios -- children over preschool age  
   370.    General qualification requirements for educators -- children over preschool age

           Division 3 -- Minimum number of educators and qualifications required -- centre‑based services -- children preschool age or under  

   371.    Educator to child ratio -- children preschool age or under who are 36 months of age or over (other than for a pre‑kindergarten programme or kindergarten programme)  
   372.    Educator to child ratio -- pre‑kindergarten programme or kindergarten programme provided by a school  
   373.    Early childhood teachers -- pre‑kindergarten programme or kindergarten programme provided by a school

           Division 4 -- Transitional provisions -- staffing arrangements  

   374.    Educator to child ratio -- pre‑kindergarten programme or kindergarten programme provided by a school  
   375.    Qualifications for educators -- children aged 24 months or under (other than for a pre‑kindergarten programme or kindergarten programme)  
   376.    Qualifications for educators -- children aged more than 24 months but less than 36 months (other than for a pre‑kindergarten programme or kindergarten programme)  
   377.    Qualifications for educators -- children preschool age or under who are 36 months of age or over (other than a pre‑kindergarten programme or kindergarten programme)  
   378.    Qualifications for educators -- pre‑kindergarten programme or kindergarten programme provided by a school  
   379.    Educators required to be early childhood teachers  
   380.    Number of children who can be educated and cared for -- family day care educator  
   381.    Qualifications for family day care educators  
   382.    Qualifications for family day care co‑ordinators

           Division 5 -- Saving provision -- physical environment  

   383.    Saving provision -- education and care services provided by a school

           Division 6 -- Other transitional matters  

   384.    Monetary orders under former education and care services law  
   385.    Proceedings under former education and care services law
           SCHEDULE 1 -- National Quality Standard
           SCHEDULE 2 -- Prescribed fees
           SCHEDULE 3 -- Compliance directions -- prescribed provisions
           SCHEDULE 4 -- Prescribed forms
           Compilation table


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