EDUCATION AND CARE SERVICES NATIONAL REGULATIONS 2012 - REG 116
EDUCATION AND CARE SERVICES NATIONAL REGULATIONS 2012 - REG 116
116 . Assessments of family day care residences and approved family day care venues
(1) The approved
provider of a family day care service must conduct an assessment (including a
risk assessment) of each proposed residence and each proposed family day care
venue of the service before education and care is provided to children at the
residence or venue as part of the service to ensure that the health, safety
and wellbeing of children who are educated and cared for by the service are
protected.
Penalty: $2000.
(1A)
Subregulation (1) does not apply in respect of an approved family day
care venue if an assessment (including a risk assessment) of the family day
care venue was included in —
(a) an
application for a service approval under regulation 26(n)(iii); or
(b) an
application to amend a service approval under regulation 34(f)(iii).
(1B) The approved
provider of a family day care service must conduct an assessment (including a
risk assessment) of each residence and each approved family day care venue of
the service at least annually to ensure that the health, safety and wellbeing
of children who are educated and cared for by the service are protected.
Penalty: $2000.
(2) The following
matters must be considered as part of an assessment —
(a) the
matters relating to family day care services in Division 1 and
regulation 117;
(b) the
suitability of the residence (and areas within the residence) or venue
according to the number, ages and abilities of children attending, or likely
to attend, the service at the residence or venue;
(ba) if
the residence or venue is located in a multi‑storey building shared with
other occupants, for each storey on which the residence or venue is located,
whether there is direct egress to an assembly area to allow the safe
evacuation of all children attending the residence or venue, including
non‑ambulatory children;
(c) the
suitability of nappy change arrangements for children attending, or likely to
attend, the service at the residence or venue, who wear nappies;
(d) the
existence of any water hazards, water features or swimming pool at or near the
residence or venue;
(e) the
risk posed by any animals at the residence or venue.
(3) The approved
provider of a family day care service must require each family day care
educator educating and caring for children at a residence or approved family
day care venue as part of the service to advise the provider of —
(a) any
proposed renovations to the residence or venue; and
(b) any
changes relating to the residence or venue affecting any of the matters set
out in subregulation (2); and
(c) any
other changes to the residence or venue that will affect the education and
care provided to children at the service.
Note for this regulation:
A compliance direction
may be issued for failure to comply with subregulation (1).
[Regulation 116 amended: Gazette
28 Sep 2018 p. 3621‑2; SL 2023/186 r. 20.]