EDUCATION AND CARE SERVICES NATIONAL REGULATIONS 2012 - REG 168
EDUCATION AND CARE SERVICES NATIONAL REGULATIONS 2012 - REG 168
168 . Education and care service must have policies and procedures
(1) The approved
provider of an education and care service must ensure that the service has in
place policies and procedures in relation to the matters set out in
subregulation (2).
Penalty: $1100.
Note for this subregulation:
These may include
policies and procedures prepared by the approved provider in accordance with
an education law of the participating jurisdiction.
(2) Policies and
procedures are required in relation to the following —
(a)
health and safety, including matters relating to —
(i)
nutrition, food and beverages, dietary requirements; and
(ii)
sun protection; and
(iii)
water safety, including safety during any
water‑based activities; and
(iv)
the administration of first aid; and
(v)
sleep and rest for children, including the matters set
out in regulation 84B;
(b)
incident, injury, trauma and illness procedures complying with
regulation 85;
(c)
dealing with infectious diseases, including procedures complying with
regulation 88;
(d)
dealing with medical conditions in children, including the matters set out in
regulation 90;
(e)
emergency and evacuation, including the matters set out in regulation 97;
(f)
delivery of children to, and collection of children from, education and care
service premises, including procedures complying with —
(i)
for all participating jurisdictions other than Western
Australia — regulation 99; and
(ii)
for Western Australia —section 165A of
the Law as applying in Western Australia;
(g)
excursions, including procedures complying with regulations 100 to 102;
(ga) if
the service transports or arranges transportation of children other than as
part of excursions, transportation including procedures complying with Chapter
4 Part 4.2 Division 7;
(gb) the
safe arrival of children who travel between an education and care service and
any other education or early childhood service within the meaning of
regulation 102AA, including the matters set out in
regulation 102AAB;
(h)
providing a child safe environment, including matters relating to —
(i)
the promotion of a culture of child safety and wellbeing
within the service; and
(ii)
the safe use of online environments at the service;
(i)
staffing, including —
(i)
a code of conduct for staff members; and
(ii)
determining the responsible person present at the
service; and
(iii)
the participation of volunteers and students on practicum
placements;
(j)
interactions with children, including the matters set out in regulations 155
and 156;
(k)
enrolment and orientation;
(l)
governance and management of the service, including confidentiality of
records;
(m) the
acceptance and refusal of authorisations;
(n)
payment of fees and provision of a statement of fees charged by the education
and care service;
(o)
dealing with complaints, including matters relating to —
(i)
the provision of a complaint handling system at the
service that is child focused; and
(ii)
the management of a complaint that alleges a child is
exhibiting harmful sexual behaviours.
Notes for this regulation:
1. A compliance
direction may be issued for failure to comply with subregulation (1).
2. This regulation
differs from regulation 168 of the national regulations made by the
Ministerial Council.
[Regulation 168 amended: Gazette
28 Sep 2018 p. 3641; SL 2020/143 r. 11;
SL 2023/186 r. 28.]